HomeMy WebLinkAboutMinutes 09/09/2024 PUBLIC HEARING
September 9, 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:
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.
Karl Barton, Eagle County contract planner, stated that there would be a presentation from both staff and
the applicant. Following those presentations,the next step would be subject to direction from the board. From the
last meeting, there was a list of items from the commissioners about what staff and the applicant needed to
address. The applicant was prepared at this time to provide more information and clarification regarding those
items.He stated that a number of variations had been removed from the table as they were added early in the
design process and as the project moved forward it was determined that they were no longer a need. He
mentioned the conservation easement language and stated that no language in the Eagle River Preserve
conservation easement precluded development on the West End parcel. Two items were considered new material
and updates to the application. The applicant provided a grading plan and rendering based on the grading plans
which were attached to materials posted on the website ahead of this hearing. This material was provided in
reference to previous comments and questions from the board at the last hearing and as such,these two items
constituted new material and/or updates to the application. He reviewed each of the conditions and noted that
some of the conditions had been satisfied but were left in for continuity of the application. He noted that if the
board moved forward with an approval it was important to add include additional language in to condition#2 and
#8.
Beth Oliver,Eagle County Attorney,requested adding(prior to final plat)to condition#8. This would add
timing to that condition.
Chairman Scherr requested that any changes to the conditions be tracked so that if needed,they would be
consolidated at the end.
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West End PUD-BoCC Topics
• Clarification on traffic study
• Explanation of the variances
• Explanation of the conditions(staff)
• Edwards post office capacity
• Explanation of acreage discrepancy
• Value of rent capped and RO units
• Units that could become second homes
• Square feet of living spaces
• Safety issues on Loop Road
• Open Space and conservation easement
• Grading and retaining wall along north side
• Parking reduction
• Rental and for sale housing discussion
• Small town feel
Summary of Variations Table
• Applicant has removed several variations from the table
• Staff review agrees with removal
• Removal of definition variations
• Definition of Family
o ECLUR-300 Sq Ft per person
o HB24-1007 -only limit based on demonstrated health and safety standard such as building code
o IBC-200 Sq Ft/person
Conservation Easement
• No language in ERP conservation easement precludes development on West End parcel
Conditions
1. The Developer shall obtain an Ability to Serve Letter from the Eagle River Water and Sanitation
District in accordance with its Development Approval Process prior to the submittal of an
application for final plat.
Purpose: Ensure that ERWSD process is followed and their standards met
Status:Pending
2. Prior to submission of an application for Final Plat,the Applicant shall revise the grading plan to
eliminate any and all grading from the Eagle River Preserve.
Purpose: Address comments requiring no grading in ERP
Status:Pending. Revised grading plan submitted,will be reviewed as part of final plat
3. Prior to final approval of this Sketch and Preliminary PUD application,the following changes shall be
made to the Application materials:
Purpose: Address needed corrections
Status:Satisfied. Corrections have been made
4.Prior to submission of an application for final plat, the Developer shall coordinate with Colorado Parks and
Wildlife to confirm the exact location of the bald eagle nest referenced on page 8 of the Environmental Impact
Report and confirm its status in terms of activity. If the nest is determined to be active,the Developer shall
coordinate with Colorado Parks and Wildlife to determine and implement reasonable mitigation measures. Such
measures shall be in place prior to issuance of a certificate of occupancy for the PUD.
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Purpose: Ensure that eagle nest identified in EIR is addressed
Status:Pending. Applicant has coordinated with CPW and will continue
5. Prior to the Board of County Commissioners hearing on this Application,the timing of the completion,relative
to the application for and issuance of building permits,temporary or final certificates of occupancy, or phasing of
the below project elements shall be agreed upon by the Application and Eagle County:
• Construction,maintenance,repair and replacement of an improved Lacor Streetscape bus shelter,
• Provision of a public access easement and construction,maintenance,repair and replacement of a walkway
and public access easement.
• An additional managed access point from the West End parcel to the Eagle River
Preserve.
• Signage along the boundary with the Eagle River Preserve to educate the public and the users of the Open
Space.
• Partnership with the Open Space and Natural Resources department to fund$10,000 annually, for ten years
• The final design and construction of the loop road and access points from public roads.
• The construction of proposed site amenities included but not limited to,pool, fitness center,community
gardens, and interior path network.
Purpose: Assessment of mechanisms for implementation
Status:Satisfied. Applicant and staff evaluated proposals(discussed in staff report). Final details established in
PUD agreement and subsequent review and permit issuance processes
6. Prior to the Board of County Commissioners hearing on this application,the process for the certification of the
building as net-zero shall be agreed upon.
Purpose: Similar to condition#5. Address details regarding subsequent implementation
Status:Satisfied. Third party report included with building permit application
7. Except as otherwise modified by this development permit, all material representations made by the
Applicant in this application and in any public meeting shall be adhered to and considered conditions of
approval.
Purpose: Standard on all applications. Ensure application materials and statements are carried
through to subsequent applications
Status:Pending
8. Approval of File No. PDSP-009297-2022 is conditioned upon the approval of the West End PUD
Application and associated files and the recording of the Loop Road Agreement.
Purpose: All related applications need to be approved for the project to be implemented as designed
Status:Pending
Kevin Murphy, East West Partners,reviewed the traffic impact study. CDOT dictated that they use the
March 2020 counts with the following adjustments to arrive at existing conditions. Those adjustments included
adjusting the counts upwards by 14%to account for any seasonality in the counts, all future traffic projections
incorporate the full buildout of the Riverpark PUD, and assume an annual growth rate of 0.5%. The West End study
did not assume any alternative travel mode reduction(public transportation,cycling,pedestrian, etc.)The West End
study with 275 multifamily units in 2040,the LOS would be E in the morning hours and D in the evening hours.
Their assumptions were that everyone at West End uses a vehicle. He stated that without the commercial use
component in the plan, it improved the LOS in the afternoon. He showed a slide demonstrating the width of the
Loop Road,which was 26'. The road provided an opportunity for cyclists and pedestrians to avoid the roundabout
and access the Eagle River Preserve,the bus shelter, and existing trail network to the north and east of the site.
There were comments made about connectivity to the larger trail system. He presented a slide that showed the
proximity to various services and density of commercial that existed within walking distance of the property. The
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applicant believed that the West End location would give residents that opportunity to use various forms of
mobility.
Commissioner McQueeney asked about the location of pedestrian crossing signals.
Mr. Murphy stated that the signals currently existed at each of the intersections of the roundabout. He
proceeded to review the proposed parking strategies and parking ratios. He reviewed the lot calculations and
explained the slight variations in the area counts. The lot coverage area was 103,547 sq. ft., and the site area totaled
211,658 sq. ft, a total of 49%of the site,which the PUD guide called for a maximum of 55%of the site. The
impervious area totaled 147,128 sq. ft. /70%of the site, landscape area 53,572/25%of the site, and open space
80,389 sq. ft. /38%of the overall site. He believed there were some misconceptions with regards to the retaining
wall and interface with the Preserve. There was no proposed grading on the Preserve,but a retaining wall would
exist. The wall's highest point was 4.9 ft.,but on average,the wall would be about 2.5 ft. as it spanned the northern
boundary. He provided a visual of what the wall might look like and an example of the material. Through
collaboration with Open Space and Natural Resources,the Eagle Valley Land Trust, and CPW it was requested that
they maintain the same condition that existed in other access locations to the Preserve.. He showed an image of the
Preserve access point adjacent to Edwards Plaza's property, and they plan to use the same sort of signage and
management. They would educate West End residents on the Eagle River Preserve's rules and regulations.
Scot Hunn spoke about the Eagle River Preserve and conservation values. The property was intended to be
enjoyed by not just the Edwards and Eagle County residents but the state. He believed that the proposal was in line
with the conservation values that were in the easement and baseline report.
Mr. Murphy responded to the comments regarding postal boxes. The applicant believed they could
accommodate a postal room within the clubhouse if the postal service were to deliver. Additionally,they'd reached
out to Congress Neguse's office to explore the USPS option.
Mr. Hunn spoke about the definition within the Edwards Area Community Plan relating to small-town feel
and how the project supported the definition. The definition spoke to the interface between density and
development, connectivity, and the investments made in the community to get people from point A to point B. This
included compact and walkable retail and service destination areas,pedestrian paths,walkways and trails,public
spaces, familiar faces, community events, and a sense of security and safety, etc., The definition was broad but
didn't speak to specific building design,numbers of stories, architecture,or such. Each side of the building would
be landscaped to address the building's proportion to the adjacent sidewalks,roads,and parking areas. The Loop
Road design was designed for low speed and low traffic volumes. There was attention to detail about the mass of
the building relative to Highway 6,the sidewalk, and the placement and design of landscaping to help break down
the massing of the building.
Mr. Murphy reviewed the requested variation table. Fences were not allowed to be longer than 150 ft.
without a variation. Given the proximity and shared boundary with the Preserve,they were requesting a variation to
allow for a longer fence. The fence would be wildlife friendly. The applicant also requested a variance to allow for
a dense residential development that better aligned with the Edwards Area Community Plan, the Eagle County
Comprehensive Plan, and the Future Land Use Maps. Regarding the reduction in parking,they were proposing a
reduction to allow folks to use other forms of mobility and not create more parking than necessary. The visitor
parking would be in the garage and was included in the 425 spaces. Another variation regarding landscaping would
allow for a mix of trees and shrubs to achieve wildfire mitigation strategies. Lastly,the applicant requested a
variance from roadway standards to allow for a level of service"E"or better,and roadway designs for the roads
with the West End PUD shall supersede conflicting requirements, including lane width,minimum centerline radius,
and big lanes. The applicant bought the property in 2007 to improve the property and offer safe and reliable
housing.
Commissioner Chandler-Henry asked if the applicant was open to allowing certain entities to buy into the
project to deed restrict an additional number of units.
Mr. Murphy stated that the applicant was happy to continue those conversations.
Tori Franks,Eagle County Resiliency Director,responded to the applicant's housing plan value and
believed the numbers were accurate.
Commissioner McQueeney asked about the Open Space payment of$10,000,how it would be managed,
and why for only 10 years.
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Mr. Murphy stated that it was what was initially proposed to Open Space. They were more than happy to
dedicate that$10,000 in perpetuity.
Mr. Barton stated that the management of the funds would be addressed in the PUD agreement.
Ms. Oliver added that the timing of the payment would also be included in the PUD agreement which, if
approved,would be attached to the resolution of approval.
Chairman Scherr asked about the comments made about all animals being leashed and whether this needed
to be documented.
Ms. Oliver believed this should be included in the PUD agreement.
Chairman Scherr asked about master leasing on the restricted units.
Mr. Murphy stated that they did not intend to master lease any rent-capped units. They would also be
responsible for qualifying those individuals.
Commissioner Chandler-Henry asked about the LOS in the roundabout and if the pedestrian traffic signals
were calculated in the delay times.
Chris McGranahan,with LSC Transportation Consultants,believed that if pedestrians were added to the
roundabout,they would be taking away cars.
Chairman Scherr asked about the changes to the application and whether public comment should be
opened.
Ms. Oliver recommended opening public comment to allow comments to be made related to the changes.
Mr. Barton noted that the changes represented were specific to the variation table. Secondly, the grading
plan was new information that was submitted and posted on the website. The edits to the variation table were
removals;there were no edits to the variations themselves.
Ms. Oliver asked if there was a revised variation table.
Mr. Murphy stated that one had been submitted.
Chairman Scherr opened public comment to allow folks to comment on the changes made since the last
hearing.
Gailrose Baldwin ceded her time to Joanna Kerwin.
Karin Mallett ceded her time to Joanna Kerwin
Stacy Sadler ceded her time to Joanna Kerwin.
Joanna Kerwin, Edwards resident, spoke. She asked about the variances removed from the traffic
presentation that showed that the applicant was only asking for three now and removed the other six. She believed
there was a change in the application regarding the traffic study and a change from the last presentation. She also
questioned the.2020 traffic study that CDOT dictated, and she didn't believe that CDOT dictated what year a traffic
study was done. The retaining was difficult to understand. During the Planning Commission hearing,the applicant
mentioned working with Open Space to regrade the Preserve. She believed that staff should have shared this
information. She thought the retaining wall was a significant change and that the Fire Department should have been
notified. This was going to be a busy place„ and she couldn't believe that staff would recommend approval for
something that didn't have safe loading docks and safe parking. She hoped that the board would listen to the
community because they were very concerned about this development's impact on the Edwards area.
Teri Lester,Edwards resident, spoke. She asked about the minimum living space for occupancy. In the
plan,the applicant requested a reduction to 200 sq. ft. She wondered who would want to live in such a small living
area. She also mentioned mental health, and if people are in a small space, it adds to stress and a lot of mental
health issues. Adding high-density, small spaces would never be a win, and didn't add to the living value of the
community.
DeDe Dickerson, 38 year resident in Eagle County, spoke. She wondered about the off-street loading
requirements. Did the applicant not anticipate that homeowners may have deliveries requiring large trucks?
Martha Milbery,Edwards resident, spoke. She asked about the building height and wondered if it would be
possible to put posts or cranes at the four corners of the building on the site to provide a better understanding of the
building height.
Chris Neuswanger believed the retaining wall was not dealt with in good faith with the County or
community. He had concerns about whether there were adequate loading zones and wished there had been a
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discussion about a 2024 traffic study that had been done. It was disappointing that the county had not requested
that.
Meg Wagner expressed concern with the building height,off-street loading requirements, and street
lighting, as there were already issues in the community with people trying to cross streets without proper street
lighting.
Chris Romer recognized the County staff for their work in the process. He recognized East West Partners
for their hard work and commitment and encouraged the board to move forward with the project.
Steven Sendor of Edwards spoke. He remained in support of the project.
Steve Kerby spoke about the building height and believed the development would create additional traffic.
Steven Mize wondered about stormwater management and whether there was any allowance for more
significant storms. He expressed disapproval of the entire project. The building height at 65 ft.was too tall.
Chairman Scherr closed the public comment after making certain no emails were received.
Mr. Murphy reviewed the variations that had been removed. He explained that the studio size was approx.
550 ft., and a one bedroom was approx. 700-900 sq. ft. The building height had not changed since the application
had been submitted. There were loading zones within the project.Regarding stormwater management, a stormwater
detention vault would take in up to a 100-year storm event and release it. Street lighting would be included in the
plan. Relative to the stormwater detention vault,they would be happy to study it.
Commissioner McQueeney asked the County Engineer to explain his comfort with the traffic study.
Ben Gerdes, Eagle County Engineer, stated that the conversation around the Loop Road had been going on
for a long time and predates this applicant and this application. A previous owner of the property started the
discussion with CDOT about the concept of the road. They were doing their access permits through CDOT and
therefore did counties in 2020 as part of their application. Those counts were adjusted in several different ways,
one of which was seasonal adjustment and inflating the numbers to account for growth. In this case,the 2020
counts didn't impact the 2024 condition. The total traffic estimated in 2040 was taken into consideration during the
roundabout design project. The applicant had their access permits from CDOT based on the study, and adjustments
were made in agreement with CDOT and the county to account for the reduced impact of the development by
removing any commercial.
Commissioner Chandler-Henry asked the applicant to review the access to the Preserve.
Mr. Murphy showed a slide that identified the access points.
Commissioner McQueeney believed the application was complicated,and the proposal had gotten better.
She thought it would have been better to do a Sketch Plan first and get the community warmed up and work with
folks. She'd been conflicted over this file. She believed that this was where density belonged and thought it was a
good application in terms of it being consistent with the Comprehensive Plan. Her issue was the folks leaving the
development and trying to go on Loop Rd. to get back on the highway. She saw it as causing a tremendous backup
to an already difficult situation in the roundabout. There was so much to like about the project. She believed the
public benefit of housing was essential,but it could not be done at the expense of the folks needing to get around.
Commissioner Chandler-Henry shared some of the same concerns and believed there were a lot of pluses to
the project, as it aligned with the Edwards Area Community Plan,the Comprehensive Plan, and the Future Land
Use Map. There was such a short supply of housing which limited the ability of employers, limited the ability of
workers to live here,and negatively affected the economy. The housing benefit was having 207 of the 275 units
restricted to locals,with 28 of those 207 being price capped,which was a plus. The affordability component was
great. There were benefits to clustering development that already have the infrastructure. She also had concerns
with the right-hand turn,but that problem has to be weighed against folks not having a place to live. She believed
the negative balance came out favorable for the development.
Chairman Scherr believed the parking was reasonable, and he supported the parking variation. He spoke
about the small-town feel and believed this project was attractive. He found the public benefit to be housing and
density. He liked the net zero approach. He expressed concern with master leasing.
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Mr. Murphy stated that they would be happy to restrict the master leases. They could commit to the first 68
that were mastered leased being out of the free market pool. They could even limit none of the rent-capped units
being master-leased.
Ms. Oliver believed that this could be negotiating changes to the housing plan, and if this is being done,this
may need to be analyzed by staff. She didn't recommend limiting or applying a condition that said employers of X
amount can't master lease.
Chairman Scherr stated that this wouldn't be enough for him to change his mind about making a decision
on this development.
Commissioner Chandler-Henry asked if the applicant could clarify the right turn and those turning east out
of the Loop Road.
Mr. Murphy said they hoped folks would use other forms of mobility when it came to transit. This
condition existed today at the RiverFront Village, and also,when leaving Edwards Plaza. He did not believe that all
275 units worth of people would be leaving at the same time.
Commissioner Chandler-Henry responded to the comments about density next to an open space property as
a plus on the project.
Commissioner McQueeney stated that there were a lot of standards to consider and she was hung up on the
adequate infrastructure and facilities. Perhaps Core Transit would play a more significant part in alleviating some
of the traffic with this development.
Chairman Scherr stated that the density made sense around the existing services, and it was very walkable.
Commissioner McQueeney believed this was an improvement over the last proposal that had been
approved,which included commercial property.
Commissioner Chandler-Henry stated that since the application had to meet all the standards to be
approved, it came down to weighing pluses and minuses. One of the standards was adequate facilities. The density
was not ideal,but this was the right place for it, so for her, it was not ideal. It was adequate.
Commissioner McQueeney was hopeful since the units would be resident-occupied.
Commissioner Chandler-Henry stated that she hoped there were not 275 new people to the county,but they
were people currently living in overcrowded conditions, living in Parachute and driving in,or Denver and driving
into work. In the big scheme of things,this development may remove traffic and strengthen the community
because families could be closer to where they work.
Chairman Scherr asked for clarification with regard to conditions 3,5, and 6.
Ms. Oliver stated that a blanket statement could be made that conditions 3, 5, and 6 were being removed,
and condition 8 would be amended to add the timing to say"prior to final plat."
Mr. Barton stated for the files listed at the top, condition#2 would be modified to add"and the recording of
the Loop Road agreement prior to final plat"as all the conditions for those files were the same. The condition#2
for the PUD file would remain the same. For file no. PDSP 009297-2022, condition#8 would be amended.
Amended Conditions:
Files: 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,
2. Approval of File No. Insert File Number is conditioned upon the approval of the West End PUD Application and
associated files and the recording of the Loop Road Agreement
File: PDSP-009297-2022
8. Approval of File No. PDSP-009297-2022 is conditioned upon the approval of the West End PUD Application
and associated files and the recording of the Loop Road Agreement.
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Motions:
Commissioner McQueeney moved to approve File No. SMA-009294-2022, incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of a
Minor Type A Subdivision application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to approve File No. ZC-009296-2022 incorporating staff's
findings and recommended conditions, because this application, as conditioned,meets the standards for approval
of a Zone Change application.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to approve File No. ZC-009298-2022 , incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of a Zone
Change application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to approve File No. ZC-009403-2023 , incorporating staff's
findings and recommended conditions,because this application, as conditioned,meets the standards for approval
of a Zone Change application.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to approve File No. SMB-009295-2022,incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of a
Minor Type B Subdivision application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to approve File No.AFP-009327-2023, incorporating staff's
findings and recommended conditions,because this application, as conditioned,meets the standards for approval
of an Amended Final Plat application.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to approve File No. AFP-009412-2023, incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of an
Amended Final Plat application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to approve File No. VIS-009445-2024, incorporating staff's
findings and recommended conditions,because this application, as conditioned,meets the standards for approval
of a Variance from Improvements Standards application.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to approve File No. ZC-009405-2023 ,incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of a Zone
Change application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Commissioner Chandler-Henry moved to approve with conditions File No.PDSP-009297-2022,
incorporating staff's findings and recommended conditions,because this application, as conditioned,meets the
standards for approval of a Consolidated PUD application.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Mr. Barton stated that condition#2 for the 1041 application was also amended with the language
regarding the Loop Road and Final Plat similar to the others.
Commissioner McQueeney moved to approve File No. 1041-009300-2022, incorporating staff's findings
and recommended conditions,because this application, as conditioned,meets the standards for approval of a 1041
Permit application.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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There bein further busine s'�++� __ • ard,the meeting was adjourned until September 10,2024.
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Attest:
Clerk the Board Chairman
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