HomeMy WebLinkAboutMinutes 09/11/18 PUBLIC HEARING
September 11, 2018
Present: Kathy Chandler-Henry Chairman
Jillian Ryan Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Bryan Treu County Attorney
Beth Oliver Deputy 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:
Chairman Chandler Henry was not present for the morning session.
Commissioner Updates
Commissioner McQueeney expressed her gratitude to the Eagle Valley Water Shed Council and the 300+
volunteers that showed up on Saturday to clean the river.
Chairman Chandler-Henry gave an update on her recent trip to Washington D.C. and lobbing efforts for
Public Lands.The payments in lieu of taxes(PILT)payments were used to help pay for youth serving organizations
and road&bridge maintenance. She believed the County had good support from the Colorado delegation.
County Manager Updates
Jeff Shroll stated that he'd recently been invited by the County Clerk,Regina O'Brien,to attend an Election
Preparedness Conference in Denver. The conference was very informative and he believed that the County's
election officials in Clerk&Recorder's Office as well as the County's IT team were well prepared to handle any
situation.
Consent Agenda
1. Memorandum of Understanding: The State of Colorado Department of Human Services and The Board of
County Commissioners
Kathleen Lyons,Human Services
2. Grant Agreement Between Eagle County and Great Outdoors Colorado for the Eagle Valley Outdoor
Movement Project
Adam Palmer, Sustainable Communities
3. Resolution 2018-073 In Support Of Proposition 110 "Let's Go, Colorado,"To Increase Funding For
Statewide and Local Transportation Needs
Abby Musfeldt,County Manager's Office
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Commissioner McQueeney moved to approve the Consent Agenda for September 11, 2018,as presented.
Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Constituent Input
Chairman Chandler-Henry opened and closed constituent input, as there was none.
Business Items
1. Resolution Concerning Mass Transit Service Levels for Calendar Year 2019
Chris Lubbers,Transit
Executive Summary: During the ECO Transit Authority Board meeting on August 8th 2018, the Board reviewed
and made a motion to neither increase nor decrease mass transit service levels during calendar year 2019 as
compared to calendar year 2018.The resolution outlines the annual number of service hours and the number of
positions (drivers)necessary to provide the service.
Commissioner McQueeney stated that she was a board appointed member of the ECO Transit Board and
after reviewing some FTE requests,the resolution would require additional work.
Commissioner McQueeney moved to pull the item for additional work.
Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners, the vote was declared
unanimous.
2. Resolution 2018-074 Concerning an Appointment to the Eagle County Fair and Rodeo Advisory Council
Tanya Dahlseid,Fair&Rodeo
Executive Summary: The reappointment of three of the Fair and Rodeo Advisory Council members for two-year
terms.
Ms. Dahlseid,Fair Manager for the Eagle County Advisory Council spoke about the re-appointments to the
Council. Ed Oyler, Erin Mooney, and Brent Scott were interested in remaining on the Council for another two
years. She talked about adding more entertainment and increasing the purse for the next rodeo. There was plenty
of room for additional sponsors.
Commissioner McQueeney moved to approve the resolution concerning an appointment to the Eagle
County Fair and Rodeo Advisory Council.
Chairman Chandler-Henry seconded the motion. The vote was declared unanimous.
Site Tour - Edwards
1. Site Tour: Fox Hollow Development Files
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Planning Files - Eagle County Room
1. 1041-7226 Fox Hollow PUD 1041 Permit
Kris Valdez, Community Development and Richard Davies,Engineering
Executive Summary: The application is for approval of a 1041 Permit for a re-design of the previously
approved extension of the existing wastewater collection system and water distribution system along Highway
6 in west Edwards in order to provide water and wastewater service to a proposed amendment to the existing
Fox Hollow PUD.
Beth Oliver,Deputy County Attorney, stated that there were not specific findings as to the standards for
approval of the 1041. There were references to recognizing certain statements that the applicant made but not any
specific findings by staff on various points. She wondered if staff was comfortable walking through each of the
standards and making specific factual findings.
Ray Merry stated that he was happy to go through each of the findings and possibly provide a written
analysis afterwards as to how each of the criteria could be supported. He had not had the opportunity to see the
PUD Guide, specifically the water numbers.
Ms. Oliver suggested there be factual findings. She wondered if tabling the file to a different date would be
helpful.
Chairman Chandler-Henry suggested going through the criteria.
Ms. Oliver stated that the 1041 would need to be approved first before the PUD file as it addressed the
water.
Mr.Merry reviewed the 1041 criteria and indicated that this was a previously disturbed site. He reviewed
each of the approval criteria and indicated that there were mostly local permits required. Staff did not see anything
standing in the way.
Ms. Oliver stated that if the board was not satisfied with the written findings a tabling would be necessary.
There were not specific findings by staff.
Rick Plyman,Pylman&Associates stated that a delay was dire and a tabling would create a huge ripple
effect to their project.
Chairman Chandler-Henry requested there be a 10 minute break.
It was moved, seconded,and unanimously agreed to go into Executive Session for the purpose of receiving
legal advice on the file which are appropriate topics for discussion pursuant to Colorado Revised Statutes. At the
close of the discussion, it was moved, seconded, and unanimously agreed to adjourn from Executive Session and
re-convene as the Board of County Commissioners.
Chairman Chandler-Henry made a suggestion to her fellow commissioners that based on the verbal
information from staff on the 1041 that they could be comfortable proceeding and move to deliberation on the PUD
Amendment and Zone Change.
Commissioner Ryan and Commissioner McQueeney accepted the suggestion.
Chairman Chandler Henry opened and closed public comment, as there was none.
Commissioner McQueeney stated that she supported the proposal that combined the parcels and reduction
in commercial and believed this was the right place for density but was unsure about the level of the proposed
density. She expressed concerns for whether the project would hold up over time. She wondered how the file got
to this place with all of the 19 variance requests and verbal agreements. The lack of parking was a concern. She
was also concerned with the proposed sidewalk width,the dimensional height along Highway 6, and the layout of
the streets. The affordable housing being proposed was only(4) four units and(9)nine RO units above what was
required. She wasn't seeing that all of the variances were justified by the public benefit. She believed it was priced
appropriately and matched what was going on in the area,but she believed there were things that should have been
worked out at a staff level so the proposal came to the board more polished.
Commissioner Ryan stated that she understood how difficult it was to make the numbers work in Edwards
for affordable housing. There had not been much building in general in the Eagle River Valley in terms of
affordable housing in unincorporated areas of Eagle County since the mid-2000s. Edwards was a highly desirable
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for the second home market. She believed the project made sense for the west Edwards area. She liked the
sustainable energy aspects. She supported most of the variances but was concerned with the parking. She was fine
with Murray off-street parking. She wondered if short-term rentals could be addressed in the covenants.
Chairman Chandler-Henry believed there were some tradeoffs that had to be made for affordable housing.
The big question was whether the public benefit out weighted the impacts of the 19 variances. Housing of all levels
was needed. She shared the same concerned as her fellow commissioners with narrow sidewalks and reduced
parking. On the positive side,the development had community support and approval by the Planning Commission.
Mr. Plyman stated that most of the variances were because the county standards weren't up to urban
development standards. Most of the sidewalks were separated by landscaping so there would be a trade-off
Ben Gerdes stated that there may be some key spots where larger paths would be safer.
Mr. Plyman clarified that the taller buildings would be in the back near the hillside.
Commissioner McQueeney believed there were a lot of things that could still be worked out with the
variances. She was simply seeking a balance.
Chairman Chandler-Henry asked Mr. Plyman to address the space between buildings.
Mr. Plyman stated that due to some concerns;they changed the space between buildings to 12 feet. He
believed the easement issue would be applied at Final Plat. The applicant would be committed to restricting short-
term rentals in the covenants. They would also be willing to make the walkways wider in higher traffic areas.
Ms. Oliver believed that these were decisions that should be made before Final Plat.
Chairman Chandler-Henry supported the open space. She wondered if there would be way to address the
parking.
Mr. Plyman believed that the product being proposed may not be for everyone.
Chairman Chandler-Henry asked the applicant if they would be interested in making changes.
Mr. Plyman indicated that they could not do anything to address all the parking concerns.
Ms. Oliver stated that it made more sense to table the file and nail down the detail.
Mr. Plyman stated that they would be comfortable with a conditional approval today. It would help them
with other aspects to show some progress.
Conunissioner Ryan moved to CONDITIONALY APPROVE file no. 1041-7226,BASED ON THE
VERBAL FINDINGS.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner Ryan moved to CONDITIONALY APPROVE file no.ZC-7058, incorporating staff's
findings, as the application meets the standards for approval of a Zone Change.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner Ryan moved to CONDITIOANLY APPROVE file no.PDSP-7059, incorporating staff's
findings and conditions,as the application, as conditioned,meets the standards for approval of PUD Amendment
and the standards for approval of Sketch Plan and Preliminary Plan for a Planned Unit Development.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
2. PDSP-7059 and ZC-7058—Fox Hollow Planned Unit Development,Zone Change
Kris Valdez, Community Development and Richard Davies, Engineering
Executive Summary: The Applicant is requesting the approval of an 87-unit housing project.The project is
broken down into 45 three-bedroom units at 1,500 square feet(SF) 37 two-bedroom units at 930 SF, and 5 one-
bedroom units at 603 SF.
Chairman Chandler-Henry opened the files.
Kris Valdez, introduced Richard Davies with the County Engineering Department and stated that staff just
received some additional public some comment.The response was in front of each of the commissioners. She
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explained how the meeting would proceed. She presented a vicinity map. The property was located in the west
Edwards area. The project consisted of an 87-unit housing complex on four separate parcels. She presented some
photos of the property and architectural renderings of the proposed buildings and landscaping. She stated that the
Eagle County's 1041 Regulations contained 32 criteria. Staff had no concerns with the criteria.
Ray Merry, Environmental Health Director stated that staff would review the criteria with the board and
provide additional information. Information gathered from the Primary Plan file, 1041 file, or Zone Change file
could be used as evidence for the Pelinit Authority's consideration.
Ms.Valdez indicated that the proposal was in conformance with all the standards for a PUD Amendment
and Zone Change. The proposal also met the affordable housing Guidelines with 1.94 Affordable Housing carry
forwards from a previous PUD, 10 housing credits, 32 resident occupied(RO)units, and 4 price-capped units.
Mr. Davies reviewed the variance requests for parking space reductions, off street parking, and narrowing
sidewalks. Mr. Davies indicated that Engineering supported the variances.
Ms.Valdez stated that the project met the landscaping, signage, and adequate facilities standards.
Mr. Davies spoke about the Eagle County road variance requests. These included narrower interior drive
isles,reduction in curb width, and reduction in intersection radium. He noted that staff was aware of a verbal
commitment between Fox Hollow and 6 West to share the cost of the construction of required CDOT access
improvements.
Ms. Valdez stated that this project included a proposed PUD Guide setting zoning and land use controls,
signage, lighting, landscaping, fencing/berming,wildlife, snow storage, drainage, utilities for areas within the PUD.
There would be no phasing but there would be sequencing(order in which the buildings would be built). The
public benefit of the project was employing housing.
Tori Frank, Eagle County Housing Department,reviewed the affordable housing guidelines and provided a
chart that explained how the development met the affordable housing guidelines. The proposed development had
an affordable housing carry forward of 1.94 units. The developer would purchase 10 affordable housing credits and
provide 32 resident occupied units. There would also be four price-capped units. The total priced-capped
equivalent units would be 31.94,which exceeded the guidelines by 9.94 price-capped equivalent units.
Ms.Valdez reviewed the standards for zone change and stated that the Planning Commission unanimously
recommended approval of the project and believed the negative aspects of the variations were outweighed by the
public benefit of affordable housing. The Commission had three options: approve the file with conditions, deny the
file, or table the file. She reviewed the 13 conditions of approval.
Commissioner Ryan expressed concern for the turn radius and wondering if residents would have difficulty
getting into their garages.
Mr. Davies believed there would be adequate room. The design worked but wasn't ideal.
Rick Pylman presented the request on behalf of the applicant. There had been some changes made to the
application due to the feedback received from the Planning-Commission. The applicant's goal was to create
attainable housing. Re-development of the parcel was in-line with the Edwards Master Plan. He presented some
illustrations of the site plan. He reviewed the unit mix. Over 40%of the project was deed restricted. He presented
some illustrations of the building design and explained the different floor plans. There were four, four-story
buildings on the west side of the property with tandem parking garages. He reviewed the parking requirements and
what they were proposing. Eagle County regulations required 215 parking spaces for 87 units. The applicant was
proposing 180 on-site spaces and 14 on Murray Road.
Commissioner Ryan wondered if it would be possible to create compact spaces.
Rickie Davies stated that Engineering suggested eliminating the compact spaces due to enforcement issues.
Mr. Pylman compared their parking/unit mix with other counties. Eagle County fell on the high side
compared to some others. Their proposal was in-line with other high density projects. He explained their plan for
open space. Eagle County recommended open space be 25%of the site;their site plan included 24.3%. Their
proposal included four park spaces in the center of the project.
Commissioner McQueeney asked about the drainage pond.
Ms.Valdez stated that the drainage pond was included in the open space.
Mr. Pylman showed pictures of the open space areas. The areas would be available to everyone in the Fox
Hollow area. He reviewed the sustainability aspects of the project: the area was walkable,had connected to bus
stops,had limited irrigation, contained solar systems on 14 roof tops,provided opportunity for community garden,
had garages with electric vehicle charging infrastructure and bicycle storage. The first buildings built would be the
outside units,working inward. The RO units would be constructed first. The priced-caped units would be built
last.
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Commissioner McQueeney asked about the benefits of up zoning.
Mr. Pylman stated that the applicant wished to go above and beyond by providing more deed restricted
units.
Chairman Chandler-Henry asked about the resident occupied(RO)pricing.
Ms. Frank provided some examples of RO properties and the transfer fees required. Brett Ranch was a
good example. Another example would be the units in Riverwalk. To buy an RO home you would have to work
and live in Eagle County. These units could not be subleased or rented. The RO did not allow employers to rent the
units to their employees.
Chairman Chandler-Henry asked about the parking and how close the units were to the asphalt pathways
and Highway 6. She also asked about garbage pick-up.
Mr. Plyman stated that there would be areas to set trash cans and refuse containers in the back.
Mr. Davies believed the area between the building and the roadway was about 30 feet.
Commissioner Ryan asked Adam Palmer to provide information about the sustainable community index.
Mr. Palmer stated that he discussed the options with the applicant but had not discussed thresholds. He was
confident they could work through the details. South facing solar wiring was a requirement for new construction.
The current building code primarily required exterior efficiency.
Ms. Oliver stated that provisions that didn't qualify as conditions could be included in the PUD guide.
Mr. Pylman spoke about the environmental considerations. They received positive referral agency
comments. No issues with wildlife,wetlands, vegetation,or ridgeline protection. Rock fall areas would have
protective fencing. The Edwards Area Community Plan allowed for workforce housing units in this area. There
was great pedestrian connectivity, compact design, safe and efficient access, and quality architecture and
landscaping. The proposal was compatible with the surrounding area.The three bedroom units would be priced in
the$400,000.As far as Edwards area projects go,there weren't many units under$500,000. The applicant believed
it was important to provide infill development and address the housing demand.
Chairman Chandler-Henry opened public comment.
Mark Sifers expressed concern about connectivity but supported the development. He believed there would
be impacts but ways to work with the developer.
Rob LeVine spoke. He asked to address the need for workforce housing. He believed the challenge for
more work-force housing was real. There was such a long way to go. He supported the proposal.
Chairman Chandler-Henry closed public comment.
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There being no further busine•. .•• , rd,the meeting was adjourned until September 18, 2018.
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