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HomeMy WebLinkAboutMinutes 08/05/2024 PUBLIC HEARING August 5, 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: customer customer County Board of Equalization-Eagle County Room 1. Resolution 2024-047 Regarding Petitions to the Eagle County Board of Equalization 2024 Rhea Silverkorn,Administration Executive Summary: This resolution allows the County Board of Equalization(CBOE)to approve the independent referee's recommendations for CBOE property tax appeal hearings that took place in July of 2024. Ms. Silverkorn,Executive Coordinator, stated that August 5 was the state statutory deadline for finalizing the decisions. This year,there were 66 CBOE appeals,4 of which were stipulations, 22 of which were denied,and 24 of which resulted in changes. The decision letters are attached to the resolution. Commissioner Chandler-Henry moved to approve the Resolution Regarding Petitions to the Eagle County Board of Equalization 2024. Commissioner McQueeney seconded the motion. Of the two voting commissioners,the vote was declared unanimous. 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 Kark 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. 1 08/05/2024 Chairman Scherr reminded everyone that several applications were tied to the West End PUD. Today,the goal was to begin with public comment. He asked the applicant if they had anything to present before public comment. Karl Barton, contract staff planner, stated that he had nothing to add to the process. He said that the applicant would give a brief presentation. Kevin Murphy of East West Partners stated that there were some questions regarding the project's density. He identified some other projects within the region and noted that their project was denser than some of the existing projects. He believed the project was in line with the Edwards Area Community Plan that called for a denser project at this property and largely conformed with the plan. The West End was a wrapped project, as the garage was wrapped with units to create parking for the project. He provided a letter from the Fire District indicating that they had reviewed the plan and accepted it as proposed. The access was acceptable, and water supply was available to service the project. Core Transit provided a letter stating they had reviewed the plans and had no immediate concerns. There was discussion regarding the bald eagle nest,and they had contacted the CPW district manager. He concluded that the nest had been identified and was currency inactive but suggested that it be monitored should it become active during nesting season. Mr. Barton stated that he wished to correct the public record. The Planning Commissions vote on the associated files was 5-1 in favor of a recommendation of approval,not 6-1, as stated at the last hearing. Chairman Scherr opened public comment. He asked that people comment relative to the standards of approval and not disrupt the process. He asked everyone to be respectful. Amy Cramer Phillips, a 38-year Eagle County resident who lived in Avon, spoke. She believed the best part of the project was that it was a private enterprise. When it comes to master leasing,the master leaseholders should charge their tenants at the rate they are paying or less to help employers. She expressed support for moving forward with the project. Brad Smith of Edwards spoke. He and his wife had lived in Edwards since 2007. He was greatly alarmed by the number of variances being requested,particularly the height and density. 275 units on 4.5 acres seemed out of line. This type of density leads to pedestrian and traffic issues. Approval of this would be a blunder and problematic. Elizabeth Holland of Edwards expressed concern for density and wondered if there was a maximum capacity. Edwards was a well-developed community,and she believed this project was not compatible. Heidi Heltzel of Edwards said she'd reviewed the plan and attended the last hearing. The applicant's presentation of high-density housing has been taken to an extreme. The Edwards Area Community plan clearly states colossal buildings should not be allowed. She did not believe the roundabout could support the added volume of vehicles. The traffic study did not have reliable data and should not be used. She believed that approving any of the variances would set a dangerous precedent for future projects. She did not believe the average working in the community would not be able to afford to live in the West End. She did not believe the project benefited the community workforce and asked the board to vote no. Ross Blankenship of Edwards spoke. He believed the West End development addressed housing affordability and would provide new customers leading to an expansion and job creation. The project aligned perfectly with the changing nature of work by creating an attractive modern living space. The proposed development and design created a vibrant,walkable community center. Marc Prisant, a full-time resident of Edwards for 18 years, spoke. He believed that the application was a bad deal. Truly affordable workforce housing was needed. Having only 10%of these units rent-capped was insignificant, and master leasing did nothing for the Edwards community. He also believed that the open space funding was insufficient. Annie Davis ceded time to Chris Neuswanger. Dave Flambo ceded his time to Chris Neuswantger. Chris Neuswanger, a 30-year resident of Edwards, spoke. He commented on the plan and spoke about the proposed density. He spoke about the Edwards Community Plan and how the application complied with workforce housing on the site and some increase in density and height;however, a building of this height and density was preposterous. A single building of this size would dwarf everything around it. This building was bigger than all 15 buildings in Riverwalk. Regarding traffic,the 2023 counts used by the applicant did not include 2 08/05/2024 updated traffic counts,they took traffic counts from 2020. He believed the Edwards roundabout would measure out as an"F." He didn't believe that the applicant had met with many of the residents in the area or local businesses. There were no public parks or public playgrounds to support this development. The roundabout was not currently working well and would not get any better. Master leasing would not be helpful. He believed the applicant had been disingenuous and encouraged the board to listen to the community. Warren Grabenstetter of Edwards spoke in support of the project. He believed this type of walkable, transit-oriented development was needed in the valley, and traffic was a small sacrifice. Steve Sender of Edwards spoke. He spoke of the 6,000 units needed by 2025 and the need for housing. He hoped that the board would take the Planning Commission's and staffs recommendation and approve the application. Michael Hazard, a 46-year county resident, spoke. He voiced support for the West End. He urged the board to base their evaluation upon compliance and trust the professional expertise of the planning staff and the appointed authority of the Planning Commission,both of whom have recommended approval. The project filled a desperate need and merits support. Kris Miller,a resident of Eagle County for 60 years, spoke. She discussed community public benefits. She believed at this time,there were no available public post office boxes. There were no boxes at the UPS store either. She wondered if creating an on-site mail room for package deliveries and having mail delivered to the property would be possible. She believed the $10,000 commitment to Open Space for 10 years was short-sighted. She asked the board to listen to everyone and consider some viable helpful solutions to let everyone live and breathe easily in their community. Kevin Clair, of Edwards and a Vail Valley resident for 49 years, spoke. He believed the development was too much. The height and parking were not in compliance. The project did not promote the small-town feel that Edwards desired. He did not believe the housing would be affordable. The construction costs had not been determined. The development was incompatible with the Eagle River Preserve. He supported affordable housing,but it needed to be in the right place. Steven Wodlinger ceded his time to Kara Heide Sara Young ceded her time to Kara Heide Howard Levitt ceded his time to Kara Heide Kara Heide, a 48-year resident of Edwards, spoke. She was one of the writers of the Edwards Area Community Plan and former executive director of the Land Trust, and she was the one who closed on Eagle River Preserve. During the process,they carefully identified access. The east access that exists today was right on the boundary of the West End property. She saw zero public benefit in having another social trail access from the back of this property. Every year when surveys are done,wildlife habitat protection, open space, and recreation are important to this community. She suggests.that there be no access from the West End property. During the Planning Commission meeting, it was stated that up to 275-300 dogs could live in this complex. She expressed concern for the impact on wildlife and the river. She suggested that there be no dogs permitted. A conservation easement differed from open space; it was meant to preserve and protect a property forever. She was alarmed by the comments made with regard to the site grading plan. She spoke about the 65 ft. height and wondered about the impact on wildlife. Lake Creek was the last habitat for the existing elk herd. The setbacks,public benefit, compatibility with surrounding uses, and wildlife protection were not in compliance with the Land Use Regulations. Mark O'Sullivan spoke. He was currently the operation director for Edwards Plaza and had been working with the applicant for the last 2.5 years. He believed there were still some issues that needed to be addressed,but what the applicant was bringing was housing inventory. He added that the stairs leading into the preserve currently were voluntary by Fritz Schmidt and his family.Housing was needed, and the market would dictate the rents. Michael Hood, an Avon resident, spoke on behalf of the young professionals. He believed the valley needed all housing opportunities. The West End project was vibrant, and modern, and could create a great community. More projects such as these were needed. 3 08/05/2024 Fritz Schmidt spoke. He has lived in the area for 50 years and expressed concern for Loop Road. Between 4:30 and 5:00 p.m.,traffic lines up across the river at the roundabout. The current roundabout is too small,and he sees accidents regularly. Pam Brandmeyer spoke. She'd been a resident for 51 years, 26 of those years in the South Forty. She believed it was important for herself and her friends to depend on the county land use regulations as citizens and residents. She felt that this development proposal was too much, and there were too many variances. Joel Barndt, a resident of Avon, spoke. He moved into the area 10 years ago for work. The housing shortage was preposterous. Until these types of projects are approved,the gaps in the housing shortage will not be filled. Master leasing sounded positive to him. Cristy Beidel of Avon spoke on behalf of the Vail Valley Partnership. She believed that attainable workforce housing was the number one issue in this community. The West End hit every mark with regard to location,transit,infill, and density. She encouraged the board to support the West End project. Jennifer Razel,Director of Club and Spa at the Westin, spoke. She expressed support for the West End project. At the resort, one of its biggest challenges was attracting and retaining talent, especially since the Zoom boom.A housing solution was needed to support the local workforce. The West End project checks all the boxes for young professionals. East West had a track record of building terrific developments and believed they should be given the opportunity to build here. Terri Krueger, an Edwards resident, spoke. She expressed concern with the height of the project and the traffic. We live in a winter community, and it's not always walkable. She loved this community and didn't want a Walmart in her backyard. She believed the housing issue could be handled differently. Kara Dennison ceded her time to Spenser Denison Marty Himmens ceded his time to Spenser Denison Spencer Dennison of Lake Creek Road spoke. The Loop Road would provide right-in and right-out access to the West End,but one could not go into the roundabout from the right lane. The roundabout was a single-lane roundabout, and he believed it needed to be expanded. The East West traffic engineer made no effort to determine whether the roundabout should be expanded or upgraded. The traffic study date was March 2020 and had not been updated. The commissioners needed to understand the design volume for the roundabout and how many would be added with the development. He also believed that the reduction in parking would not adequately serve all the units. He expected parking would become a problem and believed the project was too big. Shirley Welch ceded her time to Don Welch Don Welch spoke. He believed that the proposed West End development did not agree with the Eagle County Comprehensive Plan,the Eagle County Land Use Regulations, and the Edwards Community Plan said. The proposal must be in compliance with all of those documents. The documents that the State of Colorado uses to give counties the authority on land use said that the overriding influence should be to protect and preserve the quality of life for the residents. Land use issues were forever lasting and community-changing. He understood the need for workforce housing but believed that folks still needed to drive cars. The West End was too big for the site, and there were too many variances and presented lots of unknowns to be approved as is. Sally Claire ceded her time to Steven Wodlinger. Steven Wodlinger, a 27-year resident of Eagle County, spoke. He believed that it would be a disgrace to approve the project as it was presented, and he believed that the development was not for the good of the community. Craig Cohn, Chief Real Estate Development Officer for Vail Health, spoke. He was a 25-year resident of Eagle County,a former member of the Vail Local Housing Authority, and a current member of the Eagle Housing task force. He stated that variances were part of the process. When these projects are laid out and land uses are contemplated,the number of variances should not speak to the quality of a project. In his capacity at Vail Health, he does healthcare development. Vail Health had about 1800 employees, and in his role he hears a lot about what their workforce feels they need in the way of housing. He believed the project was in the right location. It was close to transit,amenities,and had a lot of services close by. East West was investing in the community,and this development would benefit the community once built. Emily Bland spoke. She advocated for local healthcare workers who could not attend and asked the board to consider what healthcare workers went through to make it work so they could care for everyone in the 4 08/05/2024 community. In her current role, staffing their clinic was extremely difficult. Sixty percent of her team currently live with their parents in Eagle County or have unstable living conditions. She believed that stable housing options were needed for healthcare workers trying to build careers. Tim McMahon of Avon spoke. He reminded the board that they were elected and would be reelected by the people,not development companies. Adding more traffic to the Edwards roundabout would be dangerous and an increase in accidents. He believed that none of the units should be available for second homeowners as this would take away from the inventory for the locals. When second homeowners come to visit, they require more services. Nikki Kern spoke. She'd lived in the valley since 1990. Parking was her main concern with the project. She feared paid parking would be coming to the Edwards area due to limited parking. Imagining the 65-foot walls was sad. Nicole Greener with East West Hospitality spoke. Currently they had about 1500 employees that lived in Eagle County. Housing was the number one inhibitor of hiring people. One of the main things about the project that was important was that there would be access to transit. The free access and rides for locals have been a game changer for their people. Many of the people who would live in this development would be young professionals,people who want to build their careers in the valley. From her perspective, she didn't see the parking as an issue. This was an opportunity to improve employee turnover. People were leaving and they weren't coming back. Housing insecurity was a number one driver of mental and behavioral health challenges in this valley. There were people living in their cars waiting for an apartment. The great thing about the project was it created places to congregate,have community, and share a meal. She believed the development was a game changer and urged the board to move forward with approving the project. Chairman Scherr accepted the comments of those online. Joannna Kerwin of Edwards spoke. She believed this was a great location for affordable workforce housing provided that the development adhered to the Eagle County Comprehensive Plan,the Eagle County Land Use Regulations,the Edwards Metro District Plan, and the Edwards Area Community Plan. She expressed concern with the Loop Road and potential impacts to the community if the variance was approved. The West End was requesting nine road variances. The Planning Commission did discuss traffic but not the specific nine variances. She wondered why the applicant used a four-year-old traffic study for such an important road variance request. She encouraged staff to get a current traffic study done for the Loop Road variance. The lane width variance from 15 to 11 feet was concerning, and no proposed bike lane was also a concern. The Loop Road was not in compliance with the Edwards Metro District Service Plan. The plan mandated that all streets and roads be constructed to county and state standards. She asked that the Loop Road variance be denied. She brought up some comments by the Planning Commission that were not shared with the commissioners by staff. One of the planning commissioners believed that the$10,000 open space money should be in perpetuity,not just 10 years. The acreage presented to the Planning Commission was 4.29 acres, and now it was 4.589 acres. The rental and for sale units were never discussed at the Planning Commission meetings. She did not believe the application aligned with the Eagle County standards and the public benefit was not enough. Hartley LeRoy spoke. He echoed the sediments of what was said by Joanna Kerwin. He agreed with Fritz Schmidt about the Loop Road traffic. There was no doubt in his mind that affordable housing was needed in the valley but getting 33 variances and over-building and over-sizing a project that would clog up traffic in Edwards was the answer. He disagreed with a speaker's comments on traffic being a minor inconvenience. The roundabout was not designed to accommodate the traffic that would be generated by this project. He was against the project. Patricia Peeples spoke. She had great respect for East West Partners and all the speakers. As a resident she expressed concerns for the development and the number of infrastructure problems this would create. She believed this was a pivotal moment and good enough was not good enough. She believed there was a way to make this project better. Sheri Mintz with the Bright Future Foundation spoke. She had been a resident of Eagle County since 1987. The lack of housing and substandard housing could create overwhelming barriers to long-term recovery. Having access to safe and reliable housing was a crucial step in a survivor's journey. In Eagle County,the greatest 5 08/05/2024 challenge was the need for more rental units in the community. She expressed support for the West End because it was an ideal location for employment and quality of life opportunities. Mike Macnamara spoke. He agreed with all the presentations by Joanna Kerwin and Chris Neuswanger. He believed that East West did not comply with the standards,and the board should not approve a project that did not meet the standards. Kyle Diehl, an Edwards resident, spoke about his efforts to find housing in the area. He was told by many apartment complex managers that their waiting list was over a year long. He believed countless others had experienced these same challenges. He expressed support for the development. Luke Dilzell spoke. He was currently a resident of Eagle and had been in the valley for a couple years. He spoke about the housing challenges and believed this was an opportunity to grow the community and he fully supported the project. Teri Lester spoke. She ceded her time to Kristen Lester. Kristen Lester spoke. She spoke about the map that the applicant showed at the last meeting. She questioned the proposed residential workforce housing to serve diversity needs. She did not see the diversity of the proposal and the affordability. Teri Lester believed affordability was a real issue. She thought that all the units should be available for Eagle County residents. Krisen Lester believed the developer could do better to meet the community needs. Appropriate housing was needed but this project was better suited near the Piedmont in Avon. Robert Shearon spoke. He was an Eagle Vail resident and spoke about the housing shortage. He believed that young individuals were looking for housing and connections. He supported the project. Ruth Van Vleet stated that she'd been in the valley since 1976 and was very aware of the problem with housing. She believed a project such as this needs to happen,but did not need to happen in the way it was being presented now. There were too many variances and it was way too big. Chairman Scherr closed public comment. Chairman Scherr requested that the board go into Executive Session to discuss the process. Commissioner Chandler-Henry moved to go into Executive Session for the purpose of receiving legal advice pertaining to the process for the land use hearing which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b) Colorado Revised Statute. McQueeney seconded the motion. The vote was unanimous. Chairman Scherr stated that it would be best to continue the file to September 9th. Public comment was now closed and further public comment may not be considered. Beth Oliver,Eagle County Attorney,clarified that the board could not consider an additional public comment. Chairman Scherr asked the applicant if they had any questions. Mr. Telling stated that they had no questions. Commissioner McQueeney stated that based on the public comment and materials provided in the application she thought it would be helpful to spend more time clarifying the traffic study. She wanted to know what assumptions were made by CDOT and LOS calculations. She also believed it was important to talk more about the variances and the basis was for the variances being requested. She asked staff to review the conditions that everyone had agreed to and better understand them prior to deliberations. Commissioner Chandler-Henry requested information with regard to the square footage of the living space. She also asked about the value of the RO and price capped deed restriction. She wished to better understand the cost of putting the deed restriction on each unit. She also wanted to know more about the design of the Loop Road and how it accommodates safety issues. Chairman Scherr believed there was some confusion with the grading and retaining wall on the north side of the property. He requested better data on the parking. He asked that the applicant relate the small town feel 6 08/05/2024 definition to this project. He stated that the VIS was not heard by the Planning Commission and asked staff to clarify that this was not an oversight. Ms. Oliver stated that pursuant to the Land Use Regulations Variance from Improvement Standards (VIS), files were heard by the Board of County Commissioners; they don't go to the Planning Commission for recommendation or review. Commissioner McQueeney wondered about the possibility of expanding the post office and thought it would be helpful to get clarification on the acreage calculations. Commissioner Chandler-Henry stated that there were several comments made with regards to the open space and conservation easement. She requested more information from the applicant on how the applicant plans to protect those spaces. Commissioner McQueeney stated that the applicant recently changed from 14 to 28 price capped deed restricted units and that costs a certain amount of money. It would be helpful for the public to understand the numbers and talk more about the definition of "affordable"as there seems to be a lot of confusion. Chairman Scherr asked the applicant if they were okay with that tabling. Mr. Teller stated that they were okay with the September 9th date. Commissioner McQueeney moved to continue the West End applications files 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 to September 9,2024,to gather additional information necessary for a decision. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. /,:) EAGLE�oG There be' g no further business e ; B‘a ,the meeting was adjourned until August 6,2024. cNo° Attestl lerk to the Board Chairman 7 08/05/2024