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HomeMy WebLinkAboutMinutes 04/11/17 PUBLIC HEARING April 11, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Aric Otzelberger Deputy County Manager Beth Oliver Interim 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: Commissioner Updates Commissioner Chandler-Henry provided an update on First Net, an organization started after 9-11 to connect all emergency responders across the nation. The contract was just granted to AT&T to install emergency information systems across the country. Colorado had 90 days to decide whether to opt in or out. Commissioner McQueeney stated that it was an exciting weekend in terms of the communities' non-profits. She attended the Project Funway event that raised money for local schools. Canine for Vets was a new organization that paired companion dogs with veterans. There was a series of events called"Yappy Hours"held at various locations throughout the county. Proceeds from event supported the Canine Companions Veterans Initiative. Consent Agenda 1. El Jebel Roundabout Construction Contract Rickie Davies,Engineering 2. El Jebel Roundabout Construction Engineering Contract Rickie Davies, Engineering 3. Agreement for the Delivery and Supply of Gravel between Eagle County and Ewing Trucking and Construction,LLC Nicole Trujillo,Road&Bridge 4. First Amendment to the Contract Agreement between Eagle County and Colorado Department of Transportation(CDOT) for I-70G Edwards Interchange Upgrade Phase 2 Project Ben Gerdes, Engineering 5. Agreement between Eagle County and Colorado Department of Public Health and Environment for a grant to optimize waste reduction and diversion efforts in northwest Colorado. Jesse Masten, Solid Waste&Recycling 6. Agreement between Eagle County and Aspen to Parachute Dental Health Alliance for leasing office space in the Eagle County Community Center at 0020 Eagle County Dr. El Jebel,CO. Denise Matthews,Public Health 1 04/11/2017 Commissioner McQueeney moved to approve the Consent Agenda for April 11,2017, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened and closed constituent input, as there was none. Joanne Rock stated that she would be encouraging the library to purchase a book written by Elisabeth Rosenthal called American Sickness. She believed the author had some insight into the cost drivers of high premiums and possible solutions. She also spoke about a program called the Senior Farmers Market Nutrition Program. The program was operating in over 30 states; Colorado was not on the list. She believed these types of food related programs would be beneficial. Business Items 1. Resolution 2017-017 to allow Write Off of Uncollectible Property Taxes Teak Simonton and Anissa Berge, Treasurer's Office Teak Simonton stated that when businesses closed,it was difficult to collect property taxes that had been assessed for their equipment. There had been six businesses that went out of business prior to them paying their personal property taxes for the 2015 amounts due in 2016. It totaled approximately$1700. Commissioner McQueeney moved to approve the resolution to allow write off of uncollectible property taxes. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 2. Resolution 2017-018 to Close Clerk's Office for Non-Election Services on the Coordinated Election November 7, 2017 Regina O'Brien, Clerk and Recorder Regina O'Brien stated that all hands were needed on deck for Election Day. Chairman Ryan wondered how the public would be notified of the closure. Ms. O'Brien stated that signs would be posted in the offices leading up to and on Election Day. Staff also proactively advised customers of the closure. There would also be informationon the County website. Commissioner Chandler-Henry moved to approve the resolution to close the Clerk's Office for non- election services on the Coordinated Election November 7, 2017. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3. Resolution 2017-019 Temporary Land Use Regulations during a Period of Transition in the Community Development Department Abby Musfeldt,Business Process Improvement Analyst Aric Otzelberger stated that the Temporary Regulations were aimed at predictability,quality customer service and resource reality. A public hearing would be held within the 30 days and public notice given 15 days prior to the public hearing. If approved by the board,the Temporary Regulations would remain in effect for at least six(6)months. Due to two key leadership vacancies in Community Development,there were some operational challenges. The changes would allow for longer review periods,batching referral comments and the deletion of 5- 220 related to interpretations. 2 04/11/2017 Chairman Ryan stated that everyone was managing the situation well.The changes simply reflected the reality of the staffing levels right now. Commissioner Chandler-Henry wondered if deleting 5-220 would hinder the Planning Director's ability to provide straight forward information about the regulations. She wondered what was behind the deletion. Beth Oliver stated that deleting 5-220 would simply provide more flexibility rather than requiring a more formal interpretation. Commissioner McQueeney moved to approve the Temporary Land Use Regulations during a period of transition in the Community Development Department. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. AFP-6701 Beaver Creek Subdivision Filing 4 Tract I Lot 4 Kris Valdez,Planning Mr. Otzelberger stated that the amendment would amend the existing building envelope so the owner could increase the square footage to accommodate a kitchen remodel. Commissioner Chandler-Henry moved to approve file no. AFP-6701 Beaver Creek Subdivision Filing 4 Tract I Lot 4. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing Development Authority 1. First Amendment to Agreement between ECHDA and the Town of Vail for Affordable Housing Services Jill Klosterman&Kim Williams, Housing Jill Klosterman stated that the Valley Home Store was managing the Town of Vail's resales of their deed restricted housing units,managing the employee housing unit compliance program,helping with the lottery process and providing resources. The contract would continue these services. Commissioner Chandler-Henry moved to approve the First Amendment to Agreement between ECHDA and the Town of Vail for affordable housing services. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Planning File Eagle County Room 1. Vines at Vail PUD Extension, File PR-6481 3 04/11/2017 Cliff Simonton provided some background on the file and presented the finding for a request for extension. The PUD was originally approved in November 2007 and the project remained undeveloped. The project had not progressed in the 10 years since it was approved. It appeared at this time that the Wolcott PUD would not move forward in its present form. Development conditions seemed to be improving in Eagle County but construction costs remained high. Staff suggested two(2)conditions if the Board wished to approve the file. Dominic Mauriello, Mauriello Planning Group,presented the applicant request. He spoke about the new projects throughout the County and the challenges they had with the current market conditions. The project had been approved before Wolcott and was a stand-alone project. If the applicant was not granted an approval,the entire PUD would be extinguished. He believed the expiration dates were just arbitrary numbers. The applicant could lose millions of dollars if the request was denied. Vines at Vail was 38.5 acres of land in Wolcott, 21 acres were open space,2 acres of right-of-way, with a net development tract of 15.5 acres. The project allowed up to 50 lodge units, 31 free-market dwellings and required 11 deed-restricted housing units. The allowed uses included restaurants,wineries, agricultural, distilleries,micro-breweries,medical/dental offices,pharmacies, childcare, etc. Development opportunity was not just limited to wineries. Mr.Mauriello provided some examples of other potential development scenarios. Looking at the next five years,the applicant believed that data indicated improvements to the market. Being a shovel ready project had its advantages. The project complied with the County Master Plan. The applicant believed that there was no compelling reason to kill the project. The economy had been dead but was beginning to improve. There was no harm to the County or the community by keeping the project alive. There was a strong likelihood the project would move forward in the next two years. Patrick Chirichillo spoke. He'd been making wine for 26 years at 4 Eagle Ranch. He purchased the property in 2004, and it took him three years to get an approval. He'd done a lot to promote the project and the market conditions had not hit right. He'd recently spoke to a buyer looking to start an arts school who was excited about property. He hoped to build a winery someday and have family be a part of the business. He requested that the Board approve a longer extension. Chairman Ryan asked when the extension ended. Mr. Simonton stated that the fmding would have to be met by November 2018. Ms. Oliver referred to the standards, and it was unclear whether 100%of the infrastructure needed to be in within the next two (2)years. Commissioner Chandler-Henry stated that the standard did say there was a reasonable likelihood that something would happen in the next two (2)years. She was not comfortable with granting an extension for more than two (2)years. Commissioner McQueeney asked if any work had been done. Mr. Mauriello stated that there had been some road improvements,berm work and a water tank had been installed. It was hoped that the project could work with Wolcott to combine water and sewer. Since that project did not happen, it didn't make sense to be aligned with the project. It was really the economy that was causing the major issues. Mr. Chirichillo stated that they were self-sufficient on the property. He'd been paying water right fees for the last 10 years. Commissioner Chandler-Henry asked if moving forward meant getting a seller. Mr. Chirichillo stated that he was looking for a partner. Chairman Ryan asked about some of the other economic barriers he hoped would change. Mr. Mauriello believed that the market was moving in a positive direction. Commissioner Chandler-Henry believed there was a benefit to the project and that it was a good fit. Commissioner McQueeney believed that setting an expiration date allowed for the public to weigh in. She would be comfortable with a two(2)year extension. Chairman Ryan opened and closed public comment, as there was none. Chairman Ryan reviewed the standards and believed that staff's recommendation was solid. She wished to see Mr. Chirichillo succeed. Commissioner Chandler-Henry recommended that Mr. Chirichillo work with staff on the next step. 4 04/11/2017 Commissioner Chandler-Henry moved to approve the extension request for the Vines at Vail Final Plat for PUD file no.PR-6481 because the request meets the standards for extension for Final Plat approval, incorporating staff's findings and with the proposed conditions. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session. 1. Wireless Communication in Glenwood Canyon-Mike Matthews,President, and Steve Kotfila,Vice President, Canyon Summits, Louis Dupart,Partner,The Normandy Group Planning File El Jebel Community Center, Sopris Room 1. PDP-4986 Tree Farm PUD Preliminary Plan Public Hearing#2 BoCC Hearing Dates: March 21 and April 11,2017 Adam Palmer reminded everyone that this was the second hearing on the file. The associated 1041 would be opened at the next hearing. He reviewed the topics of the last meeting. The goal of the hearing was to review the housing plan,real estate transfer assessment, childcare, development phasing,mobility,transit and traffic. The third hearing was scheduled for Monday April 24th Ms. Oliver provided an update. At the last hearing she mentioned that Commissioner McQueeney served as the Director for the Roaring Fork Transportation Authority(RFTA)Board. The Independent Ethics Commission determined that there was not a conflict of interest for the commissioners to serve in those roles simultaneously. Commissioner Chandler-Henry disclosed her association with the RFTA board as the alternate director. She stated that she was unable to attend the March 21St meeting,however she did review the video of the hearing and she was up to speed on information presented and public testimony. Ace Lane,property owner; spoke about his goals for the project. He spoke about the need for affordable and attainable housing in this part of the valley. He proposed smaller homes, denser development, shared spaces and services.The market was broad. Millenniums wanted something smaller and greener. He hoped the Tree Farm would influence areas beyond the Tree Farm. Jon Fredericks,Planner,reviewed the Housing Plan. This was primarily a residential project with three quarters of the square footage dedicated to housing. They wanted to provide rental and ownership opportunities for local residents. They were proposing smaller unit sizes and mid-level design finishes. They were planning 180 rental apartments, 130 condominiums and 30 live/work spaces. The affordable housing plan was centered on the provision of rental units due to the local shortage. There would be 43 affordable rental units provided in the first phase of construction. In addition to rental units,there would be a 1%real estate transfer fee. All affordable rental housing would be built in the first phase. The affordable housing unit breakdown was modeled after the housing guidelines based on the current demand,however it would be responsive to the market at the time of building permitting. If the affordable units were not built in the first phase,the project was subject to an additional five(5) units. The rental rates would be set by HUD rental rate guidelines. In the Affordable Housing Plan,the project was broken down into different thresholds. Tori Franks stated that as the Tree Farm was a mixed use project,they had to figure out how many units were owed.The Housing Guidelines required that they provide 25%of the units or 15%of the total square footage, whichever was greater. Based on the calculations,the entire project owed 86 units. The applicants plan included 43 rental units. If a local were to purchase a free market unit,they could apply for an exemption from the transfer tax. If a non-local buys a unit,they pay the 1%transfer tax which would go back to the Housing Authority. The same calculations were used for the commercial property. They did not have a good estimate of how many units would be purchased by locals. Out of the 340 total units in the project, less the 43 rental units, 297 units would be subject to the Real Estate Transfer Assessment(RETA). The rental units would be rented and never be subject to the transfer tax. In order to have an exemption from the RETA, one would need to be a qualified buyer. 5 04/11/2017 Mr. Fredericks believed it was difficult to narrow down the numbers but had some figures run for the potential RETA revenues. David Marrs, Chief Financial Officer for the applicant spoke. The RETA may be imposed by HOA's with fees paid to the city or county. They calculated RETA refunds in years 8-20 to be roughly$1.6 million dollars, in the second 10 years they would generate$1.3 million for a total of$3.5 million dollars over the first 30 years. Once the project stabilized and resales started to occur the average annual RETA revenue could generate$190,000 annually. The numbers could be considerably less if there were more local buyers. Ms.Franks stated that the County would prefer to have all the units be deed restricted. The RETA was being used as a way to make up the difference. Chairman Ryan stated that the staff planner emphasized a transit oriented development. She wondered if locals would be priced out of the market. The 43 units were studios and one-bedroom units which would not accommodate families. Mr. Fredericks stated that the affordable housing plan provided rental housing depending on need and depending on market changes. Chairman Ryan wondered if the fees would affect the sale of the property. Mr.Fredericks stated that there would be no direct impact to the developer. He viewed the RETA as a tool. Mr.Marrs stated that they were shooting for 140%of AMI for condos and lofts so pricing would be in the low $400,000 to low $600,000. The applicant requested allocating funds collected from the RETA be used for affordable housing,childcare, early education or tuition assistance. He figured there would be approximately $118,000 collected annually and the total over the first 30 years, $2,177,000. Kassy Slate,Traffic Engineer spoke about mobility,transit and traffic. The traffic study considered the existing conditions, extrapolated out for 20 years, and estimated trips for the development based on the Institute of Transportation National rates. The map of the site indicated that the mixed use development would result in fewer vehicle trips. In year 2037 the daily trip generation at full buildout would be 5.7 vehicles morning peak hour trips equaled 320 and evening peak hour trips were estimated to be 475. The rest of the day there would be fewer trips. Traffic study findings indicated that signal times would need to be adjusted slightly. The future Hwy 82 operations would include fiber optics. The street design would accommodate all people and was based on the Urban Street Design Guide. The Tree Farm would benefit the entire valley and reduce travel, emissions and employee travel. Mr.Fredericks stated that they would be connecting the underpass, and 86 of the units were in a quarter mile or 10 minute walk from town. The development would provide a lot of mixed uses around the transit hub. The applicant was proposing an HOA fee that could generate money that could be used for car sharing. Riche Davies reviewed the variance requests and indicated that all were supported Eagle County Engineering Department. Mr. Fredericks explained the phasing plan. The development would be built in phases and when there was demand for use over 15-20 years. The infrastructure phases were planned for four(4)phases. Mike Scanlon addressed the comments by the referral agencies. He spoke about navigating through the parking vs. housing,traffic vs. street design and public safety vs.walkability. He spoke about the various documents that had identified issues. The question was whether this was the right place for the project and was this the right time for this project. Commissioner McQueeney asked if the HOA assessment to address some of the RFTA and recycle needs were still part of the plan. Mr. Scanlon stated that they were still part of the plan. Commissioner McQueeney wondered what the RETA could be used for and was there a limit. Ms. Oliver stated that it was her understanding the funds could be used by the County for number of different public purposes. She would report back with more specific information at the next meeting. Chairman Ryan asked the applicant to provide some local scenarios for the RETA funds. She also requested a table outlining the attainable housing rentals and rents including the free market condos and lofts. Chairman Ryan opened public comment. Laurie Soloday spoke. She stated that there was no affordable housing in the area. She supported the housing element. She believed there was a tremendous need for infant and toddler care. She believed the property owner had been diligent, and she supported the project. Gregg Smith spoke. He moved to the valley because he wished to live in a small community. He was concerned with the number of people the development would generate. There were a number of developments proposed for the valley. He was opposed to the development. Mike Pritchard,Director of the Roaring Fork Mountain Bike Association, spoke about a memo from the Mid Valley Trails Committee. The Committee believed there was an opportunity to provide access to the Public Lands in the Mid Valley. They believed they had a concept alignment that could work,but it required a trail easement. He believed this was a long-range, 5-10 year concept.He asked that the Board consider a trail easement as a condition of approval. 6 04/11/2017 Ryan Meyer asked about the pricing of the units. The math didn't add up to him. The RETA number was an abstract number. He wondered if this was the right fit for the valley. He recently found housing for five people; it was difficult but not impossible. He believed the wrong decision could affect his property value. Eric Olivas spoke. He supported the development. He commuted to work and was spending about three hours on the road daily. Scott Gilbert spoke.He supported affordable housing and affordable living. He believed it was the location, and the time was now. Tom O'Keefe stated that the project was a huge detriment to the quality of life in the valley. He supported small developments but not developments that changed the character of a neighborhood. He urged the Board to vote against the project. Bruce Stolbach,Basalt resident, spoke. He lived in the area since 1976. He believed that the development was too much and would change the character of the area. Affordable housing was necessary,but the market price was not affordable anyway. He believed affordable housing was necessary but was opposed to the project. Josh Goldman spoke. He grew up in the valley. He found it hypocritical of land developers and the people of the valley and Basalt. He was a product of affordable housing. Affordable housing was needed, and the Tree Farm was beautiful and would be a great opportunity for people in the community. It would create more business. Kiko Trincado spoke. He was from Chile and on his way to being an American citizen.He had two businesses and dreamed of owning his own home. He supported the development. Cathy Click spoke on behalf of the Basalt Affordable Housing Commission. The total Tree Farm buildout would add to the need for even more affordable housing. Attainable housing turned into free market housing very quickly. The deed restrictions were not a required deed restriction on the free market units. At 300-400%AMI, they were not necessarily attainable. The project did not allow for keep-up or catchup affordable housing. It created an extra burden on the mid valley. She asked that Eagle County acknowledge the need to review the Mid Valley Community Master Plan and deny further development until an update could take place. Patrick Hinch spoke on behalf of the Basalt Affordable Housing Commission. He opposed the additional high density development and the minimal deed restricted housing. It put more stress on the existing infrastructure. Michael McVoy spoke. The growth and traffic was dramatically affecting the quality of life for the residents. The project was adding a massive amount of commercial space. He believed the applicant should go back and get Sketch Plan approval as the plan had changed significantly. The plan had changed from an affordable housing project to a transit-orientated community. The Town of Basalt recommended denial. He requested that the application be denied. Jeff Friday spoke. He wanted to know how the development would affect the up valley exit. Kathy Nilson spoke. She wondered about the traffic study and who did it. She believed that the study should have been conducted by an independent consultant. She believed that the same problems were being discussed repeatedly. She believed the Board should be listening to the community. She asked the Board to deny the project. The project was an urban development in a rural community. Cory Ross spoke. He believed there was no housing available in the area and supported the development. Fred DeRosa spoke. He supported the development. He believed the needs were real. Renee Fleisher,Basalt resident, spoke. She supported affordable housing. She wondered why the property was not being annexed to the Town of Basalt. Brenda Wilde spoke. She was in real estate and supported development,but this development was detrimental. She appreciated affordable housing but did not see any affordable housing in this project.This was not a positive development for the residents of the area. The length of the project was a concern. The Board needed to be cognizant of what the economic drivers were. Rick Stevens spoke. The core resort was a complicated economy. He supported the project. The community was becoming more exclusionary and the controlling agendas were contributing to that. He believed that people were more interested in their personal wealth than then the diverse community. Chairman Ryan closed public input. Chairman Ryan asked Ms. Oliver to explain why the file wasn't required to go back to Sketch Plan. Ms. Oliver explained that the Sketch Plan was a conceptual review. Based on staff's review of the Preliminary Plan,it was found that the totality of the plan was in conformance with the Sketch Plan approval. Mr. Frederick stated that the actual size of the project had increased by 5%but the residential square footage had dropped by 3%, and the number of residential units went up by 7%.Who would be paying for infrastructure would be discussed at the next meeting. The project at buildout would generate for RE 1 School District$987,000 per year. The Fire District at full build out would receive$194,000 in property tax revenue and a one-time impact fee$398,000. They also had an agreement with the Sheriff's Office to fund an additional deputy and cruiser. As for Mr. Friday's comments regarding the up valley left turn off the Frontage Road, it was absolutely a safety concern and was in CDOTs access control plan to close the median eventually. Most likely the applicant would be required to close the road as part of the access permit process. 7 04/11/2017 Mr.Marrs stated that the actual cost per student in the RE 1 School District was $10,279. The Tree Farm would be contributing$21,457 per student. Commissioner McQueeney stated that the school district only made money the number of kids that showed up. The property tax was a wash because it went to the State. Commissioner Chandler-Henry thanked the applicant for all the changes along the way to address peoples' concerns. The housing piece didn't feel complete. She wondered if there was a way to expand the number of affordable housing units or consider price caps. She would also love to see recycle incorporated more into the project. Commissioner McQueeney challenged the assumptions regarding the affordable housing and the dollar figures that the RETA would generate. She wondered if it would be possible to increase the affordable units. Childcare was an enormous need,and she believed it fell under the standard of adequate facilities. Chairman Ryan thanked the applicant for all the information brought forward and patience working through the process. Under the current Limited Use Regulations(LUR)there wasn't a way to require childcare under adequate facilities. She believed the RETA may be as close as they could get to address the impacts that new developments brought in terms of small children. She wondered if increasing the RETA to 2%was reasonable. She wondered about offering deed restricted condos and lofts. She asked that Ms.Franks to prepare a table showing the number of affordable units already available. Ms. Oliver reiterated that there weren't standards in place that would allow the Board to require childcare as an adequate facility. Commissioner Chandler-Henry stated that nearly every county in the state had three commissioners that had to live in particular district. The commissioners tried to get to the Roaring Fork area as often as possible and listen to the citizens.The commissioners did their best to represent the whole of Eagle County,not just the town they lived in. Commissioner Chandler-Henry moved to table file no.PDP-4986 Preliminary Plan for the Tree Farm PUD until April 24, 2017 at 5:00 pm. Commissioner McQueeney seconded the motion. The vote was declared unanimous. OGLE coo There being no further business before ,�',•- eeting was adjourned until April 18,2117. e / O Attest: 4400b ���/I�� I I IL/ / 4ifILL'a. -rk/the Board ha rma 8 04/11/2017