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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. 1 05/15/2018 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 2 05/15/2018 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 3 05/15/2018 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. 4 05/15/2018 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. c There bein no further business I to -•;tc ' o1 the meeting w s adjourned until May , 2018. cuLUOQ / Attest: / /? � /� �� ` C r the Boar Chairm 5 05/15/2018