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HomeMy WebLinkAboutMinutes 05/13/2025 PUBLIC HEARING May 13, 2025 Present: Jeanne McQueeney Chairman Tom Boyd Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Beth Oliver County Attorney Ben Morris Senior Assistant County Attorney Matt Peterson Senior Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Constituent Input Chairman McQueeney opened constituent input. Joanne Rock, of Eagle,was inspired to talk about Older Americans Month in May,which celebrates the contributions of older adults. Recognizing the importance of democratic participation in addressing housing and other challenges, she felt it was an opportune moment to acknowledge local democratic efforts in these areas. Chairman McQueeney closed constituent input. Commissioner Updates Commissioner Scherr acknowledged the end of the legislative session and commended State Representatives Megan Lukas and Elizabeth Velasco, as well as State Senator Dillon Roberts, for their valuable contributions to Eagle County constituents. Representatives Lukas and Roberts will host a joint town hall meeting on June 17 at the Avon Library. Commissioner Boyd acknowledged a colorful photo in the Vail Daily showcasing the Annual Law Enforcement Torch Run,which supports Special Olympics Colorado. He commended the excellent work of all participating law enforcement officials and emergency responders. Chairman McQueeney mentioned a press release that Colorado had significantly improved its preschool enrollment ranking,moving from 27th to 3rd in the nation. This improvement was expected to bring substantial funding into the county. County Manager Updates Jeff Shroll mentioned that May was Older Americans Month,and residents were encouraged to visit the county website to participate in the senior survey. He also recognized the EGE Airport team for receiving the Vail Valley Business of the Year award. He highlighted their record enplanements, excellent customer service, and ongoing efforts to procure more flights. Birch Barron, director of Emergency Management,presented a monthly update including a 120-day runoff watch and fire potential forecast. He reported that most snowmelt was 50%done and the current flood risk was low. 1 05/13/2025 Drought conditions were more severe than last year across much of the state,though recent precipitation has provided some improvement. Southwest Colorado is expected to have significantly higher fire potential in June. He stressed that fire danger can change quickly and advised vigilance. Consent Agenda 1.Agreement for On-Call Architectural Service Between Eagle County and Menendez Architects P.C. for Airport Kelly Muir, Project Management 2. Resolution 2025-041 Amending Resolution No. 2024-092 to Remove Condition of Approval#3 Requiring a Payment of Cash-In-Lieu Fees for School Land Dedication Vince Hooper,Planning 3. Agreement between Eagle County and the Colorado Energy Office for the Geothermal Energy Tax Credit Offering("GETCO")Tax Credit Kate Kirkman,Resiliency 4. Resolution 2025-042 Write Off of Uncollectible Taxes Anissa Berge,Treasurer's Office 5.April 2025 Payment Report Christina Andrews,Finance 6.Approval of the Minutes for the Board of County Commissioner(BoCC)Meetings Held on April 1 and April 29th, 2025 Kathy Scriver, Clerk&Recorder's Office Commissioner Scher-moved to approve the Consent Agenda for May 13,2025 as presented. Commissioner Boyd seconded the motion. The vote was declared unanimous. Business Item(s) 1. Resolution 2025-043 A Joint of the Board of County Commissioners of the County of Eagle, State of Colorado and the Towns of Gypsum,Minturn,Eagle,Redcliff,Avon and Vail,the Fire Districts of Gypsum, Eagle River and Greater Eagle,and the Rock Creek and Vail Fire Departments,Proclaiming May 2025 as Wildfire Preparedness Month Katie Jenkins, Emergency Management Executive Summary: Warmer temperatures,drought, and continued development in the wildland-urban interface have made wildfire mitigation a top priority for Eagle County and the surrounding jurisdictions. By signing a joint resolution between the County,the Towns, and the Fire Districts and Departments to collectively recognize May as Wildfire Preparedness Month,we are acknowledging that we must all work together to protect our communities from the threat of wildfire. During the month of May,a Wildfire Preparedness Month campaign will be showcased and shared amongst the County,the Towns, and Fire Districts so that they all carry a unified message. All Fire Districts and Departments will be signing onto the resolution as well as Towns of Gypsum, Minturn,Red Cliff,Vail,Eagle, and Avon following approval from their town councils. 2 05/13/2025 Katie Jenkins,Eagle County's wildfire specialist,emphasized the urgent need for continuous attention to the approaching wildfire season. She stressed that proactive prevention and community education are crucial given the increasing use of wildland areas by residents for various purposes. The current month will focus on workshops and outreach programs for both adults and youth. Commissioner Boyd moved to approve the Resolution Joining the Board of County Commissioners of the County of Eagle, State of Colorado and the Towns of Gypsum,Minturn,Eagle,Redcliff,Avon and Vail,the Fire Districts of Gypsum,Eagle River and Greater Eagle, and the Rock Creek and Vail Fire Departments, Proclaiming May 2025 as Wildfire Preparedness Month Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Resolution 2025-044 Vacating The Ridgway Homesites Final Plat Troy Hangen, Planning Executive Summary: The Applicant seeks to vacate The Ridgway Homesites Final Plat. Mr. Hangen, staff planner,presented the application. The applicant wished to vacate the previously approved plat and join three contiguas lots into a larger adjacent parcel. The purpose of this request is to simply document the vacation of previously approved subdivision lots. Commissioner Scherr moved to approve the Resolution Vacation the Ridgeway Homesites Final Plat. Commissioner Boyd second the motion. The vote was declared unanimous. 3. Short Term Rental Program Jill Klosterman,Administration Executive Summary: Eagle County Board of Commissioners has held work sessions to discuss potential short term rental programs on November 18, 2024 and March 24,2025. Staff has outlined three potential solutions as outlined in the attached memo -Option 1: Draft an ordinance that would require all STRs to register with Eagle County, Option 2: Bifurcate a registration program to allow select STRs to register with Eagle County, Option 3: Collect macro level data&assist neighborhoods in implementing regulations appropriate for their community needs. The BoCC will explore each option and decide which option to pursue. Jill Klosterman, CFO,explained the background,noting that HB 20-1093 enabled counties to regulate short-term rentals,prompting in-depth discussions starting in 2021. Observing neighboring communities implementing and revising their regulations, and following work sessions in late 2024 and early 2025, staff was directed by the Board of County Commissioners(BoCC)to develop a straightforward program enhancing guest health, safety, and welfare. She presented three options with their advantages and disadvantages.Although staff had prepared a draft ordinance for the BoCC's consideration, further refinement was necessary for finalization. Commissioner Scherr expressed gratitude to the staff for their progress. Acknowledging that many units were located within specific districts and HOAs,he stated his preference to avoid implementing a licensing requirement at this time. Instead,he advocated for ongoing data collection to gather further information. Commissioner Boyd expressed gratitude to all participants for their involvement in the work. He felt the process had progressed sufficiently to warrant a decision. Acknowledging the diverse nature of county neighborhoods,he proposed addressing each through Planned Unit Development(PUD) amendments. He advocated for a data-driven approach with ongoing monitoring and voiced his support for option 3. 3 05/13/2025 Chairman McQueeney preferred a targeted approach over a county-wide blanket policy to be responsive to the community. She felt Option 3 aligned best with this preference. Beth Oliver,County Attorney, clarified that no formal motion was required, as the board was merely providing direction to staff regarding next steps. Jim Clancy from Beaver Creek Resort Company expressed his appreciation and noted that Beaver Creek was observing changes in short-term rental ownership. He mentioned that they continuously review data and valued the ongoing work. Interviews & Discussion - Holy Cross Room 1. Interviews for the Planning Commission&Debrief Discussion Planning File - Eagle County Room 1. AFP-009459-2024 Park Hyatt#R4 Remodel Vince Hooper,Planning Executive Summary: A request to amend the Final Plat(Condominium Plat)to remove General Common Elements and add Limited Common Element Residential -Emergency Stairs from within Condominium Unit #R4,to allow for the interior remodel of the Unit. Project Name: Park Hyatt#R4 Remodel File No.: AFP-009459-2024 Location: 100 East Thomas Place#R4,Beaver Creek area(Parcel# 2105-241-20-021) Owners/Applicants: Phyllis A Acklie 1993 Revocable Trust Representative: Leah KS Mayer/LKSM Design, PC Staff Planner: Vince Hooper, PMP, Staff Recommendation: Approval with One Condition Vince Hooper, Staff Planner,reviewed the amended final plat application,noting no public comment to date. The proposed changes involve removing Unit#R4, a condominium within the resort, along with its general common elements,ventilation shaft, and secondary stairway access. These modifications, stemming from ongoing interior remodeling, would increase the unit's size by 729 square feet. He stated that the application met all relevant standards for an Amended Final Plat and was suitable for approval. He also mentioned that if the applicant had obtained consent from all neighboring property owners,review by the Board of County Commissioners(BoCC)would not have been necessary. On behalf of the applicant,Leah Mayer stated that the proposed changes remained within the existing building envelope. The removal of wood-burning fireplaces in the lobby created 700 sq. ft. of valuable space, which prompted the alterations. Chairman McQueeney opened and closed constituent input, as there was none. Commissioner Scherr stated that he agreed with staff's findings Commissioner Boyd also agreed with staff's findings. Chairman McQueeney concurred with her fellow commissioners. 4 05/13/2025 Commissioner Boyd moved to approve File No. AFP-009459-2024,Park Hyatt#R4 Remodel, incorporating staff's findings,because the application,as conditioned,meets the standards for approval of an Amended Final Plat. Commissioner Scherr seconded the motion. The vote was unanimous. Site Tour - Edwards 1. Site Visit for PDA-009422-2024, Edwards RiverPark PUD Amendment Janet Aluise, Community Development Executive Summary: The site visit will occur at the subject property located at 33415 US Highway 6,Edwards area(Parcel ID: 2105-052-00-011). Please see the attached site visit maps for more information. Planning File - Eagle County Room 1. PDA-009422-2024,Edwards RiverPark PUD Amendment Janet Aluise, Community Development Executive Summary: The Application requests approval of an amendment to the EdwardsRiver Park PUD Guide and Preliminary Plan. Hearing Date: May 13,2025 File Name: Edwards RiverPark PUD Amendment File No.: PDA-009422-2024 Location: 33415 U.S. Highway 6,Edwards Area(Parcel#2105-052-00-011) Property Owners: Sierra Trail Investments, LLC and Mountain Valley Residential Properties,LLC Applicant: Jared Hutter,Aptitude Acquisitions,LLC Representative: Laura Cassalia,CHA Staff Planner: Janet Aluise, Senior Planner EXECUTIVE SUMMARY: On or about March 5, 2024,with permission from Sierra Trail Investments,LLC and Mountain View Residential Properties, LLC(collectively,the"Property Owner"),Aptitude Acquisitions,LLC (the"Applicant") submitted an application for an Amendment to Preliminary Plan for PUD (or planned unit development) of the Edwards RiverPark PUD and associated PUD Guide(the"Application"). The subject property is a 53.27-acre parcel located at 33415 Highway 6,Parcel#2105-052-00-011 in the Edwards area(the "Property"). The Property is currently zoned Edwards RiverPark PUD,which allows 440 dwelling units (including single-family,two-family, townhouse, and multiple-family units),270 of which are deed restricted according to Eagle County's Affordable Housing Guidelines.Additionally,the existing PUD allows for up to 11,500 square feet of retail and hospitality space,requires the provision of 35.29 acres of open space, and requires construction of a roundabout at U.S. Highway 6. Senior County Attorney Matt Peterson established guidelines for the meeting. He clarified that the current application proposed amendments to an already approved Planned Unit Development(PUD). The commissioners'review would focus solely on these specific proposed changes. Previously approved aspects of the 5 05/13/2025 PUD were not open for reconsideration. He requested that all participants concentrate on the present application, which involved modifications to particular design components of the PUD. Janet Aluise, staff planner,provided an overview of the application. She stated that the types of offerings approved in 2022 had not changed. She presented a list of the requested variations and deviations. Jared Hutter of Aptitude Development presented.He stated that the vision was attainable housing,a family learning center, and the preservation and protection of open space. Community values were key. He believed the project was a win-win. Laura Cassalia of CHA Consulting presented on behalf of the applicant, outlining a use-by-right PUD proposal for 440 units, including a minimum of 270 deed-restricted units, across 10 planning areas. The presentation detailed the building locations and unit counts per building, along with a breakdown of required and provided parking spaces. A 10,000 sq ft daycare facility was planned, in addition to parking for open space and park areas. The proposal included a community path,a boardwalk, and a path connecting to the Eagle River and the Eagle Preserve property,totaling over 2,000 ft of recreational trails. The development intends to minimize wetland impact by focusing construction outside delineated areas. Landscaping will utilize plant species recommended by the CSU extension, and dark sky lighting will be implemented. An amendment was requested for the width and length of the boardwalk and trails, as well as certain buffer and floodplain features. This amendment involved moving 17 units to Planning Area 2 (PA-2) and establishing minimum landscaping and maximum impervious berm and landscape for a wildlife buffer along the western boundary of PA-2W. Utility connections would be made to ERWSD's existing sewer main and stormwater management systems. Road lane widths and sidewalk access variations would be maintained,with a maximum road grade reduction from 12%to 10%to accommodate on-street parking in specific areas,with a maximum width of 60 ft.Proposed pedestrian routes included 6 ft wide paved sidewalks and 6-8 ft sidewalks along US Highway 6,as well as 6 ft wide soft service trails. Kari Schroeder,with McDowell Engineering,reviewed the traffic impacts and mitigation. The updated traffic study showed 10%less traffic. A new access permit was expected to take a year. Todd Meckley, architect with Visionary Consulting,presented the architectural guidelines,noting that building orientation maximized views and heights were capped at 35 feet above US Hwy 6. Sustainable materials aligned with urban design were specified. Slides illustrated views from Park PA-8 towards buildings D PA-5 and the north building elevation,with Building E visible from US Hwy 6. A building elevation table compared approved and proposed PUD amendments, clarifying that although additional heights were being requested,the 35-foot limit near US Hwy 6 would not be exceeded. Off-site landscaping was planned west of Eagle River Preserve and along Hwy 6. Community benefits include affordable housing,mixed residential uses, a boardwalk and community path, trail connections, dedicated Eagle River access, and preservation of the river,wetlands, and riparian areas. He added that the approved PUD did not specify the US Hwy 6 elevation. Jared Hutter stated that he believed the proposal would significantly benefit individuals seeking housing in Eagle County. Commissioner Scherr clarified that public benefits were not a standard being considered for the PUD amendment. He asked about flat-roof buildings. Mr. Meckley stated that there were currently two buildings with flat roofs,buildings A and C. Commissioner Boyd asked about the path and whether it was in the wetlands. Ms. Cassalia stated that the path was not within the wetland boundary,but was within the wetland buffer area. Commissioner Scherr asked about the path to the preserve. Ms. Cassalia stated that it would be a community path. Ms. Aluise presented the staff presentation,which began with zoning and site data. Access to the site would be via Highway 6,utilizing a 100-110 ft wide major collector street. Public water would be provided by the Upper Eagle River Water Authority, and the proposed sewer system would be managed by Eagle River Water and Sanitation. Public notice was issued, and referral comments were reviewed. Public concerns raised to date included the potential for an eagle nest, a fence between the property and Southfork Meadows, support for the affordable housing plan,unpaid property taxes, elk fencing concerns, a daycare facility, a seasonal event center, inadequate parking,excessive building heights, and a reduction in sidewalks. Proposed variations were reviewed, 6 05/13/2025 and staff deemed them appropriate. Building envelopes would remain the same,and increased heights would facilitate utility,road, and building configurations that would preserve open space and sensitive environmental areas. Deviations regarding the boardwalk and community path width would lessen the impact on wetlands and the floodplain, as much of the boardwalk was situated outside the wetland boundary. The soft surface of the trail would enhance environmental sensitivity. Roadway modifications, as outlined in the staff report,were reviewed, and staff supported the requested deviations. Most references to road impact fees had been removed. The Colorado Department of Transportation access permits still require four conditions relevant to the application. Parking modifications included allowing tandem parking for up to 30%of the total parking spaces for townhouses, multi-family, single-family, and two-family dwelling units. The applicant also requested a reduction in parking spaces for daycare use,proposing 1.5 spaces per 1,000 sq ft of building instead of the required 4 spaces per 1,000 sq ft. Smaller spaces for compact cars and an ADA space of 8' x 16' with a 1' overhang were requested and supported, as the ECLUR requirement was 8"x 19.5'.Additional parking modifications included an 8% grade for roadways(10% if heated),bike lanes and sidewalks,modifications for trash and recycling provisions, and a new section for snow storage. Chairman McQueeney proposed a short break and informed the audience that public comment might be taken if time allowed for everyone wishing to speak. Otherwise,public comment would be moved to a future hearing. Ms. Aluise presented information regarding building heights for PA3 and PA4,noting they are 35 feet above Highway 6. The applicant suggested increased landscaping along Highway 6 and Building B, along with a proposed roundabout,bus stop, and trails. The existing PUD permits 440 residential units,and the applicant indicated no changes to uses that would increase traffic. The PUD Amendment's purpose was not for the special benefit of any individual and would maintain general compatibility with existing and permissible future uses of adjacent land, services,and infrastructure. Phase 1 included public improvements such as a roundabout,a second entrance to Highway 6, a boardwalk,a community trail,and 50 workforce housing units. The overall acreage of open space areas would remain unchanged.As no additional studies or surveys were submitted,the existing PUD approval conditions remained valid. Staff recommended 17 conditions of approval. Commissioner Boyd asked about the measures to protect the wetlands near the walking paths. Ms. Cassalia reported that they have considered some guidelines from the original wetland and control plan for the community path,proposing wildlife fencing and landscaping. They would conduct further wetland studies and would re-evaluate the plan to mitigate any significant impacts discovered. Chairman McQueeney asked about the 11,500 sq. ft. of commercial space being converted to 10,000 sq. ft. of childcare center. She asked about the remaining footage and whether it would be commercial. Mr. Meckley stated it would not become commercial. Commissioner Scherr asked whether the mitigations from the previous approval were still in place. Presumably,the impacts would be lower because commercial properties typically had a larger traffic impact. Mr. Meckley indicated that this was correct. Commissioner Scherr asked about the determination of the eagle's nest not being an eagle's nest. Ms.Aluise stated that the US Fish and Wildlife Service and CPW weighed in;both gave her either a phone call or a referral that stated such. Open Space Natural Resources did visit the site and verified that there was no nesting activity,but everyone has seen the birds in the tree roosting. If there was a bald eagle nest,the applicant had the ability to take or possess certain wildlife. Commissioner Scherr asked if any of the sustainability items had changed. He also asked about green building certification and what EarthCraft was evaluating. Mr. Meckley stated that EarthCraft was more specific to multi-family green buildings. Commissioner Scherr asked if there was anything in the PUD approval that had requirements regarding sustainability. Ms. Aluise stated that the applicant did not remove anything; they simply added the EarthCraft certification. They did remove the requirement for rooftop solar,but did not remove the requirement for 15% renewable energy on the project. 7 05/13/2025 Chairman McQueeney inquired about alterations to sidewalks and connectivity,clarifying that their location had shifted while the number of parking spaces remained the same. She then questioned whether these changes had negatively impacted walkability and pedestrian access. Ms.Aluise stated that staff supported the fact that not all units had sidewalk connectivity,but there were sidewalks between them. Certain locations didn't fit because of the decrease in right-of-way width from 40 ft.to 30 ft.Not all units would have an adjacent sidewalk,but they would be very close. Many units had sidewalks in the back of the buildings. Ms. Cassalia stated that there were sidewalks on both sides of the main roads and several paths in the development. Building E had a five-story parking deck with about 500 spots. Mr. Meckley stated that one of the planning commission's comments was that there wasn't enough parking for Building A. So, one of the adjustments made was adding a full level of parking underneath the building. Chairman McQueeney asked about the landscaping being proposed inside the preserve. Ms. Aluise stated in the original approval that the applicant would be responsible for installing and maintaining the landscaping for five years. Chairman McQueeney asked about the increase in building height and 13 ft. increase in elevation. She wondered how the height variation impacted the ability to get 440 units. Ms. Aluise stated that the board approved the 440 units with the 2022 approval,with a minimum of 270 deed-restricted units. Ms. Cassalia stated that they maintained all the originally approved building envelopes and wetland setbacks, and all of these requirements placed constraints on how much could be built. To provide the required parking,the building gets tall to keep the footprints smaller. Chairman McQueeney reiterated that no new density was requested, and the affordable housing remained the same. She also asked if the piers would be built over the wetlands. Ms. Aluise stated that a portion of the walk was within the wetland delineation on the eastern boardwalk. Commissioner Boyd believed the boardwalks could conceivably go away if the wetland study determined them to be a hazard. Ms. Aluise stated that the boardwalks were considered a public benefit according to the 2022 approval. There would have to be some discussion as to whether the project met the public benefit if the boardwalk sections were to go away after studies were completed. Commissioner Scherr asked about the building setbacks from 20' to 10'. Ms. Aluise explained that the building separation was necessary due to space constraints relative to the planned number of units for the site. Staff supported the 10-foot side yard separation based on fire district regulations and the fire code. Matt Peterson stated that the existing code presumes a 20-foot building spacing,but the board has the authority to modify this requirement. In determining appropriate spacing,the board can consult the Fire Department regarding adequacy. Additional factors for consideration include sufficient ventilation, light, air circulation,and space for snow melt. Commissioner Scherr asked about the maximum elevation of buildings D and E. Ms.Aluise reported that the applicant sought a 20-foot increase in the building height of building E, from 70 to 90 feet,clarifying that the buildings in question were B and E,not D and E. Commissioner Scherr inquired about verifying the accuracy of the elevation. What was important was what came up above the roadway. Mr. Meckley clarified that the precise elevation was now known,which wasn't indicated in the previous architectural plans that lacked baseline elevations. Utilizing the grades provided by engineering,they determined the original ground level, and that information is what they are currently using. Mr. Hutter identified numerous discrepancies and noted that the project team's approach was to avoid exceeding the elevation above Highway 6. This approach aligns with previous board discussions where a maximum height of 35 feet above Highway 6 was preferred. 8 05/13/2025 Chairman McQueeney proposed tabling the file to a future date to ensure the Board could hear all public comments on the matter on the same day,noting that several individuals present in the room and online wished to provide input. Staff provided a date of June 18th. Commissioner Boyd moved to table File No. PDA-009422-2024,to June 18,2025. Commissioner Scherr seconded the motion. The vote was declared unanimous. EAGtE h�p�o� OGsa There beingbeing no further b i r; t 'e Board,the meeting was adjourned until May 20,2025. en Attest: )411(01-€1 Clerk to the Board Chairman 9 05/13/2025