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HomeMy WebLinkAboutMinutes 12/19/17 PUBLIC HEARING December 19, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Mike Nugent Deputy County Manager Beth Oliver Interim County Attorney Holly Strablizky 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: Commissioner Updates Commissioner Chandler-Henry spoke about the Colorado River Water Users Association annual meeting in Las Vegas. It was interesting because there was great concern that the Colorado River was being over allocated. She shared some of the highlights and stated that the county would continue to stay engaged as a headwaters county. Commissioner McQueeney stated that the next"Coffee with a Cop"meeting would be at Stout in Eagle on January 13th. These meetings provided an opportunity for folks to engage with law enforcement. She also gave a shout out to Vail Resorts for their Epic Promise event. Chairman Ryan stated that the Housing Department was conducting a housing demand analysis study and was seeking input from residents and business. The results of the study would help to identify what the public wanted in the way of affordable housing. Consent Agenda 1. Approval of the Minutes of the Board of County Commissioner Meetings for October 3,October 10, October 19, October 23, and October 24, 2017 Kathy Scriver, Clerk and Recorder's Office 2. Agreement for Services between Eagle County and D&D Manzanares, Inc. d/b/a/ServiceMaster Commercial Cleaning Solutions for Janitorial Services Ron Siebert,Facilities Management 3. First Amendment to Agreement Between Eagle County and Alan Kokish, Inc.DBA Custom Catering Carly Rietmann,Public Health and Environment 4. Resolution 2017-088 Approving 2018 Commissioner Public Meeting Days,Legal Holidays and Bi- Weekly Payroll Schedule Rhea Silverkorn,Administration 5. Resolution 2017-089 Approving the 2018 Eagle Valley Library District Board of Trustees Rhea Silverkorn,Administration 6. Resolution 2017-090 of Approval for ZS-6033 Verizon Wireless Kris Valdez, Community Development 1 12/19/2017 7. Resolution 2017-091 to Partner with Colorado Mountain College in Applying for and Distributing the Colorado Opportunity Scholarship(COSI)2018-2019 Matching Funds Scholarship Rhea Silverkorn,Administration Commissioner Chandler-Henry moved to approve the Consent Agenda for December 19, 2017, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. Joanne Rock expressed concern for the plans coming out of Washington, and the goal of the administration. Donna Spinelli, Eagle resident,read a statement about the inhumane method of declawing cats and requested that the county pass a resolution or ordinance to ban the declawing of cats similar to what the City of Denver had recently done. Chairman Ryan closed constituent input. Business Items 1. Intergovernmental Agreement between Eagle County and the Town of Gypsum for Animal Sheltering and Field Services Nathan Lehnert,Animal Shelter& Services Executive Summary: This intergovernmental agreement with Gypsum will allow for maintained services for animal sheltering and field services. Gypsum has agreed to increase its payment each year through 2020 in order to support an increase in staffing. Through this increase,Animal Shelter& Services will be able to provide a higher level of service more in line with the needs of the community. Commissioner Chandler-Henry believed this was a great collaboration between county and towns and a great example of effective use of taxpayer dollars. Commissioner Chandler-Henry moved to approve the IGA between Eagle County and the Town of Gypsum for Animal Sheltering and Field Services. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Intergovernmental Agreement between Eagle County and the Town of Minturn for Animal Sheltering and Field Services Nathan Lehnert,Animal Shelter& Services Commissioner McQueeney moved to approve the IGA between Eagle County and the Town of Minturn for Animal Sheltering and Field Services. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Intergovernmental Agreement between Eagle County and the Town of Red Cliff for Animal Sheltering and Field Services Nathan Lehnert,Animal Shelter& Services Commissioner McQueeney moved to approve the IGA between Eagle County and the Town of Red Cliff for Animal Sheltering and Field Services. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2 12/19/2017 4. Intergovernmental Agreement between Eagle County and the Town of Eagle for Animal Sheltering and Field Services Nathan Lehnert,Animal Shelter& Services Commissioner Chandler-Henry moved to approve the IGA between Eagle County and the Town of Eagle for Animal Sheltering and Field Services. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 5. Resolution 2017-092 Approving a Fourth Supplemental Budget 2017 Jill Klosterman,Finance Executive Summary: Public Notice will be completed on December 14th, 2017 and the request for these additional Appropriations will be made in the December 19th, 2017 public hearing. Ms.Klosterman presented the fourth and final supplemental for 2017. The request included two items, both related to housing. EAGLE COUNTY GOVERNMENT EXHIBIT A 12/19/2018 Department Description Amount HOUSING LOAN FUND Revenues: Non Spendable Fund Balance ECLF $ 65,000.00 Non Spendable Fund Balance EHOP $ 30,000.00 Total Revenue $ 95,000.00 Expenditures: ECLF Loan Program Fees $ 65,000.00 EHOP Loan Program Fees $ 30,000.00 Total Expenditures $ 95,000.00 HOUSING OPERATIONS FUND Revenues: Assigned Fund Balance $ 500,000.00 Total Revenue $ 500,000.00 Expenditures: Donation to Lake Creek Apartments $ 500,000.00 Total Expenditures $ 500,000.00 SUMMARY All Funds Additional Revenue $ - Revenue Carryforward from 2016 to 2017 $ - Unassigned and Assigned Fund Bal(incl.Net Assets)- Previously Funded $ - Contingency Fund(Unassigned) $ - Unassigned and Assigned Fund Balance used for additional appropriations $ 500,000.00 Committed Fund Balance-Previously Funded $ - Committed Fund Balance-used for additional appropriations $ - Restricted Fund Balance-Previously Funded $ - Restricted Fund Balance-used for additional appropriations $ - Restricted Net Position $ - Unrestricted Net Position-Previously Funded $ - Unrestricted Net Position-Used for additional appropriations $ - 3 12/19/2017 Nonspendable $ 95 000.00 Transfers $ - Revenue Carryforward $ - Unassigned&Assigned(including Contingency) $ 500,000.00 Unrestricted Net Position $ - Restricted Fund Balance $ - Committed Fund Balance $ - Non Spendable Fund Balance $ 95,000.00 Subtotal-New Approp $ 595,000.00 Transfers $ - New Revenue $ - Total $ 595,000.00 Commissioner McQueeney moved to approve the resolution approving the Fourth Supplemental Budget for Fiscal Year 2017. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning File 10:30 Eagle County Room 1. PDA-7080 Ute Creek Storage PUD Amendment Executive Summary: An amendment to the Ute Creek Storage PUD to allow composting as a use by right. File was tabled with the Planning Commission; the Applicant will be requesting a tabling by the Board. Cliff Simonton stated that the applicant was requesting a tabling to a date uncertain. The Planning Commission had not yet reviewed the file and there were some complexities still in play. The approval of this file would be necessary for the composting facility to move forward and the certificate of designation for the composting facility also needed to be approved. Staff believed that resolution approving the certificate of designation and an approval of the amendment to the PUD should occur on the same date. Commissioner Chandler-Henry moved to table file no. PDA-7080 Ute Creek Storage PUD Amendment to a date uncertain. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Stillwater PUD Site Tour Edwards Area Planning File 1:30-3:30 Eagle County Room 1. PDS-6738 Edwards River Park Executive Summary: PUD Sketch Plan for a mixed use Planned Unit Development, inclusive of residential and commercial with approximately 600 residential units and 160,000 square feet of civic and commercial square footage. This proposal also includes active and passive recreational and open space uses. FILE NO./PROCESS: PDS-6738 Sketch Planned Unit Development PROJECT NAME: Edwards River Park LOCATION: Highway 6 (Edwards) 4 12/19/2017 OWNER: Sierra Trails Investments, LLC APPLICANT: Sierra Trails Investments, LLC REPRESENTATIVE: Jeff Townsend,Resort Concepts STAFF PLANNER: Sean Hanagan STAFF ENGINEER: Nicole Mosby,PE, CFM RECOMMENDATION: Conditional Approval DISCUSSION: Mr. Hanagan introduced Keith Novick,the applicant for the project. Mr. Hanagan explained the purpose of the sketch plan review process. The subject property was directly adjacent to the Eagle River Preserve and was the old B&B parcel. In 2009 the property was approved for Eagle River Meadows. The current proposal included 565 multi-family dwelling units with 15,000 square feet of mixed use and 500 square feet of service commercial/community support uses. At this time the applicant was simply seeking a general concept evaluation. A Preliminary Plan would be required and Final Plat prior to any development taking place. He explained the evolution of the plan. There were concerns with wetland development, sinkhole potentials, and floodplain impacts. In response to those concerns, the proposal now concentrated development on the south side of the parcel. A 404 Permit would still be required as there were delineated wetlands on the proposed footprint. He reviewed the sketch plan standards. The applicant was requesting some set back and height variances. The applicant was requesting a reduction in parking as well. The sketch plan submitted by the applicant was consistent with the Comprehensive Plan. A CDOT access permit would be required. The phasing had not been determined. The Edwards Future Land Use Map identified the area as mixed use commercial/residential. He showed pictures from various points that demonstrated the 60 ft. drop in elevation. He compared some of the other higher density properties in the area. The Riverwalk was a 23 unit per acre residential space and Eagle River Mobile Home Park was 14 units per acre. The average density of the proposed PUD was 18 units per acre. The applicant was planning on meeting the Eagle County Housing Guidelines. If the applicant went with price capped units, they would be required to offer 149 units. If they went with the resident occupied,297 would be required. Chairman Ryan wondered if the applicant could do a blend of those unit types. Mr. Hanagan stated that the applicant could do a combination of the two unit types. He further explained what other permits would be required and stated that roads were a concern for staff. Ben Gerdes, County Engineer spoke. He stated that there were two main issues related to roads in this project. The first was US Highway 6, based on projected traffic growth it was anticipated that road would exceed capacity. It was likely that four lanes would be needed in the future. At Preliminary Plan they expect to see a traffic study that identified where some of the thresholds were. Based on the proposal, the applicant's trip generation would be 4400 daily trips. Staff believed there was a significant issue with traffic but there may be a way to incorporate the project. The other concern was access, which would be at Lake Creek Road. Intersection improvements would be required on that road. At this level, what the applicant had done was appropriate but there was a lot more work to be done at Preliminary Plan. Mr. Hanagen stated that the Planning Commission voted 4-2. Concerns were building heights, density, and community character. In conclusion, the sketch plan PUD had no vesting or development rights and staff recommended approval.Mr. Hanagan reviewed the conditions of approval. Mr. Novick spoke his vision for the property. The project was on a gorgeous site. He spoke about his background in Tennessee as a lawyer and residential developer. He believed there was a shortage of housing opportunities for middle and upper income residents as well as workforce housing in the area. He wished to create an affordable living development and bridge the gap in affordable housing for locals. The amount of commercial space was being limited but would include dining, farmers markets, concerts and other outdoor activities overlooking the open space. He was not aware of any opposition as of today. At this point in time development was being limited to the south side of the property basically due to wetlands. He figured there would be 10.8 units per acre. They've agreed to allocate 50% of the development to RO housing and 60 percent of the site to open space. They were open to pedestrian trails but would limit access to the river. The main issues were use, density, and traffic. They would do whatever possible to mitigate any impact on traffic. As far as the height, they weren't proposing to build huge buildings on site. Commissioner Chandler-Henry asked if the units would be rentals or for sale or a mix of both and if they were rentals,who would be the owner and operator. 5 12/19/2017 Mr. Novick stated that right now they hadn't determined the actual product balance. He was thinking 60% rental apartments and 40%condominiums. He hoped to be intricate part of the development. He believed it may be possible connect the developments in the area. As far as traffic, a signal at Lake Creek would be necessary. They had budgeted a reasonable amount of money for road improvements. Chairman Ryan responded to a referral letter from Jared Barnes, ECO Multi-Modal Planner. He recommended ECO Transit stops. She wondered if a condition should be added regarding infrastructure for buses. Mr. Hanagan explained that the condition could be addressed at Preliminary Plan. Commissioner Chandler-Henry wondered if conditions were needed at this point. Holly Strablizky, Assistant County Attorney stated that Sketch Plan would expire in two years if a Preliminary Plan for PUD was not submitted. Commissioner Chandler-Henry believed there were a lot of pieces of the project that could dovetail nicely with affordable housing. She believed there were some resources that could assist in making the project affordable and sustainable. Chairman Ryan opened and closed public comment as there was none. Commissioner McQueeney believed the applicant was talking to the right people. It was important to understand everyone's direction. It came down to there were significant hurdles with CDOT but she was also concerned with the dimensional limitations,childcare,transit, and affordable housing.. Commissioner Chandler-Henry stated that her comments were similar to the Commissioner McQueeney. She had concerns with traffic and affordable housing. Chairman Ryan believed the applicant was going down the right path. The board was aware of the costs for development. The housing department was looking for partnerships to provide affordable housing. Commissioner McQueeney moved to approve [File No. PDA-6738] with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the proposal with the immediately adjacent and nearby neighborhood properties and uses; and the proposal is in compliance with both Eagle County Land Use Regulations and the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning File 4:30-6:30 Eagle County Room 1. PDSP-7079 Stillwater PUD,ZC-7203 Stillwater PUD, 1041-7143 Stillwater PUD Executive Summary: The Applicant is requesting the approval of a 21-unit workforce housing project for employees of Eagle River Water and Sanitation District. FILE NO.: 1041-7143 TITLE: Stillwater Planned Unit Development 1041 Permit LOCATION: 32371 Highway 6 (West Edwards) APPLICANT: Eagle River Water and Sanitation District REPRESENTATIVE: Rick Pylman,Pylman&Associates STAFF CONTACT: Kris Valdez,Planner III Ray Merry,Director of Environmental Health REQUEST: 1041 Permit to allow STRATEGIC PLAN GOAL: "Eagle County is a Great Place to Live for All"and"Eagle County Protects the Natural Environment" POLICY ISSUE: The policy question is whether or not the Eagle County Permit Authority should approve this application. RECOMMENDATION: Conditional Approval DISCUSSION: 6 12/19/2017 Damian Peduto, Eagle County Community Development Director, introduced himself and staff and provided an opening statement. Ms. Valdez presented some background on the request. The applicant was requesting 21 workforce housing units on four separate parcels. There was also a 1041-7143 file for the board to consider that contained 32 criteria. There were no criteria for which staff had concerns. Ms. Valdez reviewed the Sketch Plan and Preliminary Plan Standards. The applicant was requesting variation requests for interior parking drive aisle width, detached sidewalk width, a stream setback disturbance, stream setback uses, side setback, and front/arterial road setback. The proposed uses were compatible with the surroundings uses. The Planning Commission recommended approval of the application. Staff found that the proposed zone change, sketch plan, and preliminary plan application as conditioned,met applicable standards. She reviewed the recommended conditions for 1041. Ray Merry, Environmental Heath Director explained the 1041 process and considerations for the permit. There were 24 approval criteria. If any of the 1041 criteria were not met,the project could not move forward. Commissioner Chandler-Henry believed it was helpful to review the criteria as the permit was valuable. Chairman Ryan asked Eagle County Engineering if any concerns had been addressed. Rickie Davies, Eagle County Engineer stated that his comments had been addressed. FILE NO./PROCESS: PDSP-7079 and ZC-7203 -Planned Unit Development,Zone Change PROJECT NAME: Stillwater PUD LOCATION: 32371 Highway 6 (West Edwards) OWNER: Eagle River Water and Sanitation District APPLICANT: Eagle River Water and Sanitation District REPRESENTATIVE: Pylman&Associates: Rick Plyman STAFF PLANNER: Kris Valdez,MURP,AICP STAFF ENGINEER: Richard Davies,PE,PTOE DISCUSSION: Rick Pylman stated that the Eagle River Water and Sanitation District (ERWSD) purchased the property considering the future expansion of the district. The purchase provided the district with the opportunity to enhance the properties and provided additional employee housing. The project would encourage employee retention. The property was just over three acres, and there were currently three homes on the property. Gary Brooks with Alpine Engineering explained the design layout. The buildings and carports were sculpted to provide some noise abatement. Mr. Pylman stated that there were four lots served by two different access points; they would remove both and build one new properly designed entrance point across from the Edwards Interfaith Chapel. The six one bedroom units were 700 sf., the 13 two-bedroom units were about 1500 sf., and the duplex units were about 2300 sf. The applicant was proposing a 120 kW photovoltaic solar system on the carports. He showed some illustrations of the proposed buildings. Fifty-one parking spaces were planned for the 21 units, covered parking and storage spaces would be provided for each unit. The applicant believed the proposal was in compliance with the comprehensive plan, and they were in agreement with staff's proposed conditions. Chairman Ryan asked about access to the river and how would it be controlled. Mr.Pylman stated that there would be landscaping barriers. Commissioner Chandler-Henry asked the applicant to talk about their housing program. James Wilkins with the ERWSD spoke about their housing program. Housing was for sale and for rent and was a way to get key district employees close to their work areas. They have not determined the pricing for the units yet. Housing was often a crux issue that kept some people from taking employment, so they were planning on holding two or three units for short term. Chairman Ryan believed the site visit was helpful and she wondered about the plan for grading and removal of the ECO trail. Mr. Brooks stated they were working with ECO trails to work out the details on a detour. Ms. Valdez stated that the trail repairs were included in the Subdivision Improvement Agreement (SIA) and a condition of Final Plat. Commissioner Chandler-Henry asked about the utilities being moved underground. Mr.Brooks stated that the utilities would be placed underground. Chairman Ryan opened and closed public comment, as there was none. 7 12/19/2017 Commissioner Chandler-Henry valued the partnership the County had with the ERWSD, and she was excited about the project. She believed it was a continuation of improving the river and hit all the key notes of providing employee housing. Over the long run, it's been beneficial for the District. She believed the water budgeting was great, and she concurred with the staff findings on the 1041. Commissioner McQueeney stated that she didn't have any questions and concurred with Commissioner Chandler-Henry. Chairman Ryan believed it was beneficial that the applicant was investing in the neighborhood near the core of Edwards. Creating housing toward the goal of having long term service of employees was forward thinking. In general she liked the project and was prepared to vote yes on the 1041. She concurred with staff that it met the 1041 approval criteria. Commissioner Chandler-Henry moved that the Eagle County Permit Authority approve File No. 1041- 7143, waiving the requirement for Special Use Review Permit in accordance with Eagle County Land Use Regulations 3-310 (I.), with associated resolution signature authority to the Chair, and incorporating the conditions as outlined in the staff report. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney expressed appreciation for staff's effort to create a dual access. She was satisfied with the applicant's efforts and appreciated any compromises. Commissioner Chandler-Henry believed the proposal met the criteria for zone change and tied in with the Edwards Area Community Plan. Chairman Ryan believed the request met the standards of a zone change and one of the goals of the Eagle County Access Management Plan. She appreciated the emergency easement for dual access. Commissioner McQueeney moved to approve File No. ZC-7203, incorporating staff's findings and conditions, as the conditional recommendation met the standards for approval of a zone change. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner McQueeney believed the standards had been met. Commissioner Chandler-Henry concurred. Chairman Ryan agreed with the other commissioners. Commissioner Chandler-Henry moved to approve File No. PDSP-7079, incorporating staff's findings and recommended conditions, as these met the standards for approval of a Sketch Plan and Preliminary Plan for a Planned Unit Development. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 474GThere •-'ng no further business before t i..; •c , a 'eeting as adjourned until D-cembe 21,2017. != `• �c is i Attes �,. t` .it.iLiM/ /.1 I 'C ( ! 1/ to the Board Chairm.: IL 8 12/19/2017