HomeMy WebLinkAboutMinutes 06/15/18 PUBLIC HEARING
May 15, 2018
Present: Kathy Chandler-Henry Chairman
Jillian Ryan Commissioner
Jeanne McQueeney Commissioner
Kelley Collier Deputy County Manager
Beth Oliver Deputy 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 Ryan congratulated Starting Hearts, a nonprofit organization that had put more than 400
defibrillators thought out the county. There was an app available that showed the location of the devices.
Commissioner McQueeney recognized the businesses and individuals that were awarded the Vail Valley
Partnership Success Award. The list of the award winners was on the Vail Valley Partnership website.
Chairman Chandler-Henry stated that May was Community Clean-Up month. She gave a shout out to the
Eagle County Public Health Department,the Community Foundation, and all of the people involved in the cleanup
events.
Consent Agenda
1. Resolution 2018-035 Approving a Draw Down of the Energy Smart Colorado Revolving Loan Fund
Adam Palmer, Environmental Sustainability
2. Fourth Amendment to Agreement Between Eagle County and Energy Smart Partners LLC
Adam Palmer, Environmental Sustainability
3. Third Amendment to Agreement between Eagle County and Snowbridge, Inc. for Services
Ron Siebert,Facilities Management
4. Agreement Between Eagle County and the Colorado Department of Public Health and Environment for
Assessment and Planning
Rebecca Larson, Public Health and Environment
5. Contract between Eagle County and the Colorado Department of Public Health&Environment,Division of
Environmental Health& Sustainability for Implementing the Food Protection Act
Ray Merry, Environmental Health
Adam Palmer provided an overview on the Energy Smart Program and the current offers available for
homeowners.
Commissioner Ryan moved to approve the Consent Agenda for May 15, 2018,as presented.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
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Constituent Input
Chairman Chandler-Henry opened constituent input.
Joanne Rock spoke about a stuffed animal she would be presenting to Regina O'Brien for handling all the
new issues related to voting.
Chairman Chandler-Henry closed constituent input.
Business Items
1. Resolution 2018-036 Recognizing the Month of the Young Child in Eagle County
Kendra Kleinschmidt,Human Services
Executive Summary: Children are fundamental in Eagle County, Colorado's future success,prosperity and well-
being and are our most precious residents. Supporting families of young children is crucial in order to create a
better Eagle County for all; this resolution declares April as Month of the Young Child in Eagle County.
Michelle Dibos, Early Childhood Systems Coordinator with the Department of Human Services, spoke.
She thanked everyone for their attendance. She thanked the board for highlighting early childhood as a priority in
the community. The board was committed to making the lives of children and families better in Eagle County.
Eagle County was currently facing some challenges with regards to early childhood. There was a lack of
affordable,high-quality early education programs sufficient to meet the demand.
Commissioner McQueeney moved to approve the resolution recognizing the Month of the Young Child in
Eagle County.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re-
convene as the Eagle County Housing and Development Authority.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Eagle County Housing and Development Authority
1. First Amendment to Agreement between Riverview Apartments Preservation LP and Eagle County
Housing and Development Authority
Daniel Murray,Housing
Executive Summary: Riverview Apartments Preservation, LP has been managed by the ECHDA since 2009 for a
3.45%Management Fee. We're renewing as the partnership as it has worked out really well.
Commissioner Ryan moved to approve the first amendment to agreement between Riverview Apartments
Preservation LP and Eagle County Housing and Development Authority.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
2. First Amendment to Property Management Agreement between Lake Creek Village LLC and Eagle County
Housing and Development Authority
Daniel Murray,Housing
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Executive Summary: ECHDA manages the property for LCV LLC through this management agreement. We
should continue this agreement for another three years at the same rate as it's working very well.
Commissioner McQueeney moved to approve the first amendment to Property Management Agreement
between Lake Creek Village LLC and Eagle County Housing and Development Authority.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Commissioner Ryan moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle
County Board of County Commissioners.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Pitkin/Eagle County Joint Meeting - Pitkin County Library, Aspen
1. Joint Eagle&Pitkin BoCC Meeting
Planning Files
Site Visit-Lane Family Conservation Subdivision
Planning Hearing-Eagle County Building,El Jebel
1. ZS-6858, ZC-6857, SMA-6856-Lane Family Conservation Subdivision
Executive Summary: Proposed is an 85.50-acre Conservation Subdivision and down-zone of 28.80 acres from
PUD to Resource zoning. Conservation Subdivision in Eagle County are intended to provide an increased density
incentive and compact footprint to property owners providing public benefits, including reduced site disturbance
and preserve scenic quality,wildlife habitat, sensitive lands, and agricultural uses.
Adam Palmer, Staff Planner with Sustainable Communities Department introduced himself and Damian
Peduto,Eagle County Community Development Director.
Jon Fredericks, land planer for the applicant introduced himself.
Ace Lane,property owner and applicant introduced himself and his sons.
Bart Johnson, land use council for the applicant introduced himself.
Mr.Palmer provided a brief summary of the application. He provided an explanation of a Conservation
Subdivision process. The Conservation Subdivision included 85.80 acres and was bordered by the Tree Farm PUD
and BLM. He noted that the Conservation Subdivision was a condition of approval for the Tree Farm PUD
Preliminary Plan but was not meant to be a second review of the Tree Farm PUD. He spoke about the transition in
zoning.
Mr.Fredrick presented a PowerPoint presentation that included a summary of the request,photos of the
existing property conditions, existing and proposed zoning,the proposed site plan and land use table, infrastructure
and comparisons to the Mid Valley Master Plan FLUM. He allowed the applicant to share his thoughts.
Ace Lane believed they over-delivered on what they committed to with the Tree Farm PUD. Now he was
requesting a down-zone on a significant portion of his property.
Mr.Fredrick stated that there were two primary components to the application. The first part of the
applications was the zone district map amendment to convert 28.8 acers currently part of the PUD Zone District to
the Recourse Zone District. The second part of the application was the Conservation Subdivision. The landscape
was primarily pinion,juniper, forest, and sagebrush. The subdivision also included a small tree farm and some
meadow areas. The Lane Property included a total of 199.8 acres. In 2009 the applicant presented a concept plan
for the Conservation Subdivision to the Board of County Commissioners in office at that time. The current
proposal still provided buffers to the BLM on the north,the state wildlife lands to the east, and they've added the
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existing eight(8)acre wetland complex into the Conservation Tract. The plan included four(4)smaller residential
lots and no longer included the large solar farm parcel that was contemplated in 2009. There were 9.6 acres less
residential lot area and the Conservation Tract was 10.6 acres larger in the current plan.The Conservation Tract
went from 74%of the subdivision to 93%of the subdivision. The applicant believed the final plan was far
superior to the initial plan presented to the board in 2009. The subdivision was located in moderate to high wildfire
intensity area, and as a result they'd worked with the Fire District in the county to provide appropriate fire
protection. Lots one through three would utilize a shared well and lot four had its own well. The Conservation
Subdivision exceeded the ECLUR requirements by creating a 79.8 acre Conservation Tract that was preserved in
perpetuity. There was one road variance requested with no objections from the County Engineering Department or
the Fire District.
Chairman Chandler-Henry asked about the wetlands complex. •
Mr. Fredrick stated that the existing wetlands on site were about eight(8)acres and it was proposed to be
within the Conservation Tract. The wetlands were constructed(man-made)and fed by the Robinson Ditch,they
were non jurisdictional and seasonal.
Mr. Palmer reviewed the standards,variance requests,and referral responses. He indicated that the proposal
met the standards and staff recommended approval.
Chairman Chandler-Henry asked why the application triggered the Special Use Standards.
Beth Oliver stated that other uses allowed in the Resource Zone District required a Special Use Permit.
Mr. Palmer reviewed the twelve conditions. The twelfth condition provided the applicant some protection
in the unlikely case that litigation was successful.
Mr. Johnson stated that if the Tree Farm PUD became invalidated,the Conservation Subdivision would
revert back to what it was.
Ms. Oliver recommended a change to condition seven(7), adding a note to the plat map.
Mr. Palmer spoke about the discussion with the Roaring Fork Valley Regional Planning Commission
recommending ADU language be removed from condition three(3).
Commissioner McQueeney asked about the Fire Protection District and County Engineer approving the
road variance.
Rickie Davies, County Engineer stated that staff referred it to the Fire District.
Chairman Chandler-Henry asked about the letter from the Division of Wildlife and its concern for bears
and wildlife migration patterns.
Mr. Fredric stated that they worked hard to achieve a good balance, and the recommendations were
acceptable.
Chairman Chandler-Henry asked about condition two(2) and whether the condition was needed.
Mr. Palmer stated that the condition could be seen as redundant but it was worth calling out specifically to
the approval if and how the regulations change in the future.
Chairman Chandler-Henry opened and closed public hearing, as there was none.
Commissioner McQueeney thanked the applicant for working with staff to develop a Conservation District
that had nice preservation values. She did not have any concerns moving forward.
Commissioner Ryan agreed with staff's analysis. The standards were reviewed and met for all three of the
files. The Planning Commission voted to approve all three files. She agreed with the road variance because the
Fire District and the county approved the reduction. The conditions were reasonable and were beneficial to the
property.
Chairman Chandler-Henry concurred with her fellow commissioners and staff's recommendation. She
complimented the applicant on the proposal. It was a good example of mixing density with open space and
preserving the conservation values that were so important to everyone in Eagle County. She was prepared to vote
yes.
Commissioner McQueeney moved to approve file no. ZC-6857 incorporating Staff's findings because the
applicant met all of the standards for approval of a zone change.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
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Commissioner McQueeney moved to approve file no. SMA-6856 and ZS-6857 incorporating staff's
findings and staff's conditions because the applicant meets all the standards for approval of a Conservation
Subdivision Minor A and a Special Use Permit.
Beth Oliver added that the language in condition seven(7)that talks about adding the language to the
restricted plat note would be added to any deed conveying any interest in the property.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
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There bein no further business I to -•;tc ' o1 the meeting w s adjourned until May , 2018.
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