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HomeMy WebLinkAboutMinutes 10/03/17 PUBLIC HEARING October 3, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry . Commissioner Jeanne McQueeney Commissioner Bryan Treu Interim County Manager Beth Oliver Interim County Attorney Holly Strablizky Assistant County Attorney Regina O'Brien 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 thanked the Eagle Valley Land Trust and its community partners for coming today. She also extended thanks to all of the people volunteering in various organizations throughout Eagle County. Commissioner McQueeney extended appreciation to the staff at Eagle County. The October 1,2017 Las Vegas tragedy caused her to reflect on her gratitude for the team she worked with. Commissioner Ryan spoke about the Eagle to Horn Ranch trail project. The project consisted of 6.5 miles of trail and was funded by the State of Colorado,the Town of Eagle, and Eagle County. Three miles of the trail would be completed this year. The full 6.5 mile project would be completed in the fall of 2018 and then would be opened to the public. Consent Agenda 1. U.S. Customs and Border Protection Memorandum of Agreement to Hire Additional Agent Alex Everman,Airport 2. On-Call Services Agreement between Eagle County and Jviation, Inc. Alex Everman 3. Agreement between Eagle County and Mountain Maintenance and Asphalt for Landside Asphalt Repair Alex Everman 4. Grant Agreement for CMC Foundation Colorado Opportunity Scholarship Initiative Abby Musfeldt,Administration 5. Approval of Minutes of the Board of County Commissioner Meetings for May 9,May 16,May 30, and June 1, 2017 Kathy Scriver, Clerk&Recorder's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for October 3,2017, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 1 10/03/2017 Constituent Input Chairman Ryan opened and closed constituent input,as there was none. Business Items 1. Presentation by Eagle Valley Land Trust of Check from Hardscrabble Fundraising Effort Diane Mauriello, Open Space Executive Summary: Eagle Valley Land Trust desires to present Eagle County and the Board of County Commissioners with a check which is the result of their fundraising efforts for the Hardscrabble Open Space Project. Jim Daus,Executive Director of the Eagle Valley Land Trust(EVLT), spoke. The check presentation was the result of several months of work by the community,the county, and the EVLT. There were great negotiations on all sides which made this project a reality. The EVLT was asked to facilitate a Hardscrabble fundraiser to see what financial support would come from the community for this project. He wanted to thank the amazing community for its support.. Commissioner Ryan introduced Diane Mauriello,Eagle County Open Space Director. Ms.Mauriello recognized the community effort that went into the project and extended her thanks to everyone involved. The land was currently owned by the Conservation Fund and work was being done to transfer the land to the county. After that,the project would move to the management planning phase. Commissioner Chandler-Henry also extended her thanks to everyone in the room. She believed the land and the project were treasures to Eagle County. Commissioner McQueeney added her thanks. She was amazed at how much work was done in such a short period of time. Mr.Daus stated the amount raised was $333,780.13, and a check was presented to the county for this amount. Suzie Kincade, Eagle County resident, spoke. She stated this was a three generation project that reflected the values of the community, such as the appreciation for clean air, clean water,and recreational opportunities. She wanted to honor the work Mr.Daus had done to raise the awareness of the EVLT in the eyes of the community and for leading the charge. 2. Air Service Development Agreement between Eagle County and Volaire Aviation, Inc. Alex Everman,Airport Executive Summary: As the airport(EGE) continues efforts to enhance air service,the expertise of Volaire Aviation will be vital in attracting additional routes and frequencies with airlines currently serving EGE as well as attracting new airlines in order to increase connectivity for the community. Kip Turner, Eagle County Airport Director, spoke. The airport worked to continue to bring in more flights and to further economic development in the county. A Request for Proposal was put out earlier in the year to find an airport consultant. Volaire was the chosen consultant. Commissioner Chandler-Henry asked Mr. Turner to highlight some of the new flights coming to the Eagle County Regional Airport. Mr.Turner stated there was a new non-stop flight to San Francisco as well as to Salt Lake City. Service to Chicago had been expanded and service to Denver had been enhanced. Year-round service to Dallas-Fort Worth was in place through American. Commissioner Ryan asked Mr.Turner to clarify that there were no tax dollars funding the airport. Mr.Turner explained that the airport was completely self-funded. It received no money from the county. Commissioner Ryan explained that the airport had to work to bring in flights. Mr. Turner agreed. Regional airports needed to be on their game,with the correct facilities in place to attract flights in a competitive regional airport environment. 2 10/03/2017 Commissioner McQueeney moved to approve the Air Service Development Agreement between Eagle County and Volaire Aviation,Inc. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Direct Contract Agreement between Eagle County and Vail Health Jacci McKenna,Human Resource Executive Summary: Direct contract to obtain competitive and comprehensive health insurance for all Eagle County Government employees. Ms. McKenna thanked local partners, especially Vail Health, for the contract agreement. Health care costs were rising rapidly in the county. Vail Health came to the table to help the county drive costs down. With this partnership,the county estimated it would save up to $900,000 in 2018 compared to what the county had spent in the past. Commissioner Ryan acknowledged the hard work of Ms.McKenna and her team. Commissioner Chandler-Henry thanked county staff who helped with health care cost containment. Ms.McKenna stated the importance of having a good health package to attract and retain excellent employees, especially in this very tight and competitive job market. Commissioner Chandler-Henry moved to approve the direct contract agreement between Eagle County and Vail Health Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4. Resolution 2017-066 Adopting the Compact of Colorado Communities Adam Palmer, Sustainable Communities Executive Summary: The Compact of Colorado Communities provides local governments across Colorado a platform to leverage education,information, advocacy, capacity building, and training to advance climate action and community resiliency,which aligns with and strengthens our Strategic Plan area of focus and Climate Action Plan for the Eagle County Community. By signing onto the Compact,Eagle County gains access to: •Training and technical support to member communities in developing and delivering community improvement programs advancing Green House Gas reduction, clean energy, and climate preparedness; •Peer learning and resource sharing between local governments; • Enhanced local government capacity to address climate related risks and opportunities throughout critical decision-making roles; • Technical support and funding resources for members' local implementation efforts; • Creation of jobs, improving public health, and demonstrating bold actions; • Statewide preparedness and resilience planning tools Staff is anticipating a financial contribution request to support the Compact as outlined in the resolution; this request will be forwarded for consideration at a future date. Mr. Palmer stated that the compact provided a lot of training for staff and leveraged state resources. It helped define goals for the County's Climate Action Plan. There were about 15 towns and cities that have signed on as well, including the Towns of Eagle,Avon, and Basalt. Commissioner Ryan thanked everyone and believed there had been a real call to action locally. Organizations were pulling together to reduce carbon footprints. Mr. Palmer stated there had been surprising amount of partnership in the region John Gitchell stated the electricity was offset 60%and 20%from baseline. 3 10/03/2017 Commissioner Chandler-Henry wanted the public to know that being good stewards of the environment and economic development was part of the strategic plan which was a driver of the new Sustainable Communities Department. This was becoming a way of life, saving money and the environment. Commissioner McQueeney moved to adopt the Compact of Colorado Communities Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning Files 1. 6 West Apartments PUD Amendment/Zone Change and 1041 File No./Process: PDA-7022,ZC-7023, 1041-7024 Amendment of a Planned Unit Development Project Name: 6 West PUD Amendment Location: 32530 Highway 6 (West Edwards) Owner: Gore Creek Partners,LLC Applicant: Gore Creek Partners, LLC Representative: Dominic Mauriello,MPG Staff Planner: Sean Hanagan Staff Engineer: Richard Davies DISCUSSION: Commissioner Ryan opened the discussion of File PDA-7022,ZC-7023, 1041-7024 Amendment of a Planned Unit Development. Sean Hanagan,Eagle County Planning Department, spoke. An additional 1.674 acres was being proposed to be added to the original file. Mr. Hannagan described the location. The applicant was requesting a change from the existing RSL(Residential Suburban Low Density)zoning to PUD for the additional acres.They were also asking for an additional 120 additional deed-restricted housing units, a 300 sq. foot community center,a 10-year property tax exemption, and dedication of water rights from the county. Mr.Hanagan reviewed zone change standards. He reviewed the additional standards for PUD changes as well the 13 PUD standards. Mr.Hannagan reviewed this change according to the standards. The area of west Edwards has multiple PUDs approved around the VIA PUD area. Tori Franks spoke about the housing plan as it related to the public benefit standard. She described the housing plan which included a proposed 120 resident occupied deed-restricted rental units which exceeded the Housing Guidelines. The number of units required to meet the guidelines were 60. Dedicated water rights equal to 100%consumptive use and the value of the water rights would be repaid to the Housing Authority over 10 years. This repayment was important to the housing authority. Ms.Franks stated the applicant proposed a property tax exemption for 10 years. She reviewed the definition of resident occupied units and the definition of eligible household. Commissioner McQueeney asked for definition of master lease. Commissioner Ryan asked about eligibility of household. Ms. Franks described the subordinate loan for the value of the water rights between Eagle County Housing and Development Authority(ECHDA)and owner. Eagle County would donate 100%of estimated total consumptive use for the project prior to final plat. The owner would repay the value, $332,879, of the water rights to ECHDA over a 10-year term at 3%interest. This would allow the project to get off the ground. She also reviewed the Administrative Partnership Agreement for property tax exemption between ECHDA and the owner, with the result being the property tax exemption. Commissioner Ryan stated that the original proposal was already over the guidelines. The additional 36 Residential Occupied(RO)units were not capped so they may not be affordable in the future. Ms. Franks stated that the benefit was the 120 units coming to market that do not exist, and this eliminated the opportunity for short-term rentals.This was workforce housing,but not specifically price-capped AMI housing. Commissioner Chandler-Henry asked how the RO designation affected market rate rents. 4 10/03/2017 Ms.Franks stated this sat right below market-rate rents and would be affordable to locals; investment and short-term rental opportunities were eliminated in this proposal. Mr. Hanagan spoke about the multiple PUDs approved in this area, an increased demand for workforce housing. Commissioner McQueeney asked if Eagle River Trailer Park was a PUD. Mr. Hanagan stated it was not. He continued to discuss the standards including adequate infrastructure, unified ownership/control,uses,variations from improvement standards, and parking. Commissioner McQueeney asked about the variations that were approved in VIA PUD in 2015 as compared to the current proposal. Mr. Hanagan stated that all variances were approved by Planning and Engineering. Commissioner Ryan asked about the steepness of the driveways and maintaining them in winter conditions. Riche Davies from Eagle County Engineering stated that residents should not have a problem accessing driveways. The 10%grade would be a 10 inch rise over 100 inches. If the residents had problems with the access, they would be contacting the management company. Commissioner Chandler-Henry asked about the height of the tallest building and"impervious"areas. Mr. Hanagan stated that the height allowance was 45 feet, and as for the drainage, it must be designed to meet the requirements of runoff. Mr.Davies stated that the applicant has supplied a drainage study that indicated that they would be able to keep up with drainage and address all the water that came onto the development. Mr.Hanagan discussed landscaping and sign standards. This file was approved by the Planning Commission on September 6, 2017 and was approved 5-0. Commissioner Chandler-Henry asked if all 13 standards were reviewed. Commissioner Ryan brought up a letter from Berry Creek Metro District and the Singletree Property Owner Association. She asked if the Engineering Department thought about this for future planning. Mr. Davies spoke to two studies done with the Edwards Interchange Phase 2 and the other on the corridor. The corridor study did indicate that expansion of Highway 6 for added capacity and a number of roundabouts. The plans were in the planning stage and implementation was yet to be determined. Commissioner Chandler-Henry asked about the PUD standards related to phasing. Mr. Hanagan stated that it would be single phase based on the applicant's response. He stated that a 1041 was also required to be filed, and all findings were positive. He reviewed the suggested conditions and any changes made to the conditions. Commissioner Chandler-Henry asked Ray Merry,Eagle County Environmental Health Director to speak on water rights designation. Ray Merry stated that the grant of water and the public benefits was difficult to weigh and balance. The applicant incorporated in the PUD guide that they would be coordinating with the Water District to include water conservation efforts. There were some benefits as the water rights satisfied some deficiency in the river at this location. The irrigation water was clearly the most wasteful use of water. The applicant indicated that they would be managing the conservancy measures. Dominic Mauriello spoke on behalf of the applicant and introduced the team. Steve Spessard with Gore Creek Partners introduced himself and described his background. Mr.Mauriello reiterated that the Planning Commission approved this development 5-0. He spoke about the need for rental housing in Eagle County and how this need was identified in the Eagle County Strategic Plan. He described the project. All units would be deed restricted. The project included a 3000 square foot clubhouse with amenities. He described the neighboring areas and gave a visual of the project layout. He reviewed the previous approval for the VIA project which was approved by the Eagle County Commissioners on May 12, 2015. The steepness of the road and storm water mitigation previously approved stayed the same, if not slightly improved.He provided images of the landscaping design and pointed out where green spaces,playground and landscaped areas would be placed. He reviewed the unit floor plans for one,two,and three bedroom units, as well as elevations of the buildings. He discussed traffic and the proximity to public transportation.Access improvements and traffic volumes were fully vetted with Eagle County Engineering and CDOT. The project was estimated to generate 750 vehicle trips per day. Commissioner Chandler-Henry asked if there were referral comments from Eco Transit about the increased capacity. Mr. Hanagan stated that Eco Transit did not feel there was need for additional buses or service. Commissioner Ryan opened public comment. 5 10/03/2017 Steve Lindstrom, local business owner spoke. He'd been a member of the Vail Housing Authority and believed that housing such as this was the future and the best way to help the private sector. He was in favor of the project. Mike Brumbaugh, owner of Venture Sports, spoke.He believed this was a drop in the bucket. Workforce housing was needed. He was in favor of the project. Kim Williams, Eagle County Housing Director, spoke. She stated that the Eagle County Housing Development Authority has an average wait list of two to three years of people looking to rent properties. She supported the project. Commissioner Ryan closed public comment. Commissioner Chandler-Henry asked Mr.Maurello about estimates of rental costs for the units. Mr.Maurello stated$1300 for one bedroom units, $1900 for two bedroom units, $2300 for three bedroom units. Mr.Hanagan stated that staff was recommending approval of the file. Commissioner Chandler-Henry believed the proposal served a great need. Her main concern was the property tax exemption. She felt the 120 (RO)units would fill a need, and the contribution of the$300,000 for water rights seemed reasonable. The conditions and the 1041 were not concerning to her. Commissioner McQueeney also felt it was a good file,but she was also not OK with a$900,000 tax exemption. There were 17 variations from the Standards under consideration. She was more comfortable with the water as a"loan"to get this project started. However,the deferred taxes were concerning as this project would bring more needs to the community. Commissioner Ryan asked about the tax abatement and if entities outside of the county would be affected. Beth Oliver stated that they would not pay taxes for 10 years and would not pay them back at a later point. Commissioner McQueeney stated that was a real problem. She asked Ms. Oliver if the board could approve the PUD as proposed without consideration of the water and tax exemption, if the applicant was willing. Commissioner Ryan felt this was a very good project in a good location. She was concerned about the board making taxing decisions for other taxing entities because this set a precedent and the board was making decisions for other entities and they were not elected to do so. Commissioner Chandler-Henry was also concerned about the tax exemption. Commissioner McQueeney stated that the county's participation was the water fees and the 17 variances to the standards. She felt that this was a bad path to go down. She did not want to set a precedent. Mr.Mauriello stated that they were not giving away taxes that they were already getting. The loan for the water was nice but that was something that could be taken off the table right now. He felt it was not as dire an issue and that there was a solid benefit. Commissioner Ryan asked if the board could legally do this. Ms. Oliver stated the board could do this administrative partnership agreement. Mr. Spessard stated that the tax exemption was money that did not exist. They were simply looking for relief from taxes but they would be paying up front for the water rights. As the developer,the tax exemption made a huge difference in the viability of the project. Commissioner Chandler-Henry agreed,but there would be an additional 120 households that the county would be serving and the taxing districts would also be serving. There was a strong argument for additional housing,but the county had not spoken to the districts. Commissioner McQueeney stated this was not about a dollar figure,but it was about making a decision for entities not present. She suggested that the housing group came up with a solution. Commissioner Ryan asked if a path forward would be to reach out to other entities and get their buy-in. She wanted to get over the goal line. Mr.Mauriello recommended a condition of approval. Ms. Oliver understood the tight timeline but did not feel comfortable leaving such a large piece outstanding for a condition. Commissioner Chandler-Henry moved to table file no.PDA-7022, 6 West PUD Amendment to Thursday, October 19, 2017. Commissioner McQueeney seconded. The vote was declared unanimous. 6 10/03/2017 Commissioner Chandler-Henry moved to table file no. 1041-7024/1041, 6 West 1041 Permit to Thursday, October 19, 2017 Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to table file no. ZC-7023 6 West Zone Change to Thursday, October 19, 2017. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. VIS-6836 Variance from Improvement Standards for four parcels on NFS Road 731 File Number: VIS-6836/Variance from Improvement Standards Project Name: Road Variance for 4-Parcels on NFS Road 731 Location: 1.6 Miles North of Tennessee Pass off Highway 24 Owners: Jason Provalenko,Michael and Shannon Moller,Brandon McGehee Representative: Jason Provalenko Staff Planner: Sean Hanagan Staff Engineer: Nicole Mosby, CFM,PE Executive Summary: The Applicants to seek a Variance from the following improvement standards in order to obtain building permits on four separate parcels: 1. Dual Access(ECLUR 4-620.j.1.h.) 2. Emergency Vehicle Turnaround Areas(ECLUR 4-620.D.10.d) 3. Geometric Standards(ECLUR 4-620.J) o Surface Type o Road/ROW Widths o Lane& Shoulder Widths o Switchback Radius&Grade o Intersection Grade DISCUSSION: Nicole Mosby,Eagle County Staff Engineer, introduced the.file. She described the vicinity, and the four parcels owned by the three applicants. She provided historical background on the area. The file sought a variance from road improvement standards for NSF Road 731 (a.k.a.Taylor Gulch Road) in order to obtain building permits for a residence on each of the four subject properties. She reviewed the standards including,dual access, emergency vehicle turn around areas,and road design standards. Staff recommended approval with six conditions. Commissioner Chandler-Henry asked about the Forest Service comment about keeping the road in current condition. Ms. Mosby stated that the Forest Service wanted the road to remain in its current condition. Paul Erts spoke on behalf of the applicant,Jason Provalenko. Mr. Erts did not represent the other applicants who were also working towards the same goal. The applicant appreciated the approval of Eagle County staff for the file; however,the applicant disagreed with condition number three which was the special use authorization form the US Forest Service(USFS). The second hardship the applicants faced was the topographical challenges in the area. The most the applicants could do was maintain the road as it existed. This was what they had been doing since 2011 when the road was closed to public access. Prior to this the road was considered open to public use. The third hardship was the significant financial loss that all the residents would suffer if they could not get the variances for new construction and if repairs to existing properties could not happen. The residents of this area were in uniform support of the county granting this variance. Condition three did not add to the process.The applicant and residents understood they had to work with the USFS. Mr.,Provalenko stated he purchased the property in October 2016. Mr.Provalenko met with several county staff members before closing on the property. He tried to do his homework. He spoke about all of the work that he and his neighbors had put in. The community had voted to work together and to work with the USFS. He would not stop proceeding down an amenable path with the USFS. 7 10/03/2017 Commissioner Ryan asked if the county has any legal obligation to require the applicant to get the permit from USFS. Holly Strabilisky stated that the hang up was that the applicant needed legal access to the property from the USFS to obtain a building permit. Commissioner Ryan asked if this was an issue between the USFS and the property owners. Ms. Strablitsky said it was. Eagle County Building Department could not issue a building permit without a permit from the USFS. Commissioner McQueeney and Commissioner Chandler-Henry both wondered if it was in the applicant's best interest to keep the condition in so that it provided leverage to get the USFS to get the permit more quickly. Mr. Provalenko stated that turnover and lost files at the USFS had hampered the process. Mr. Gerdes suggested that condition three be reworded to say—a demonstration of lawful access from the USFS be obtained. Commissioner Chandler-Henry wondered if all the homeowners in the area were affected. Ms. Mosby stated that landowners were not restricted. Mr. Provalenko believed that there were no permits granted for any of the residents. Commissioner Ryan opened public comment Marjorie Westerman,resident of the area,had always felt that she has had a right to get to her property. Dan Baron spoke. He supported the applicant and agreed with changing the language of the third condition to lawful access. He was very disappointed with the support being given to the applicant and the homeowners in the area. He believed the county was obligated to help. Commissioner Ryan closed public comment. Commissioner McQueeney liked flexibility in the revised language with the condition. Commissioner Chandler-Henry enjoyed getting to know the Taylor City area more. People did need to have legal access to their properties. She would support the request with the new condition. Commissioner McQueeney moved to approve file no. VIS-6836 Variance from Improvement Standards for four parcels on NFS Road 731. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. There being no further business be of wag _ the meeting was adjou ed • • Oc'.ber 10,2017. { Attes _� F4 is �._do j P er,o the Board °Logi' C 4rman 8 10/03/2017