HomeMy WebLinkAboutMinutes 07/14/20 PUBLIC HEARING
July 14, 2020
Present: Kathy Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Beth Oliver Deputy County Attorney
Holly Strablizky Assistant County Attorney
Kathy Parker 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:
COVID-19 Update
Birch Barron, Emergency Manager provided an update. The current COVID risk level was cautious. He
asked people to limit social gatherings and be vigilant with the five commitments to containment. There had been
an increase in cases. Over the past 14 days, 42 states had an increase in disease spread. The local disease spread
trends were concerning. The number of new case levels was cautious with 71 cases over the past ten days. Cases
continued to increase with a doubling of newly confirmed cases reported over the past five days. The testing
supplies were limited and labs were at capacity. The turnaround for testing was becoming a problem. The trend did
not look good. Hospital administration and medical visits were comfortable. There were 33 average daily
outpatient respiratory visits per day over the past week. He spoke about possible school openings and the goal to
get kids back in school safely. People should continue to get tested if they were symptomatic. If people had
traveled or believed they had been exposed, they should call their health care provider to determine whether a test
was required.
Commissioner Updates
Commissioner McQueeney thanked everyone for holding down the fort while she was on vacation. She
spoke about receiving the latest 2020 edition of Kids Count in Colorado. The report was available at
coloradokids.org.
Commissioner Scherr reminded everyone that there was still time to fill out their 2020 census forms. The
census was incredibly important to the community in terms of receiving money from the federal government.
Chairman Chandler-Henry reminded the people who were enjoying the great outdoors and camping to put
out their campfires. She gave a shot out to the CSU Extension and all the 4-H clubs working hard this summer on
their projects. The Junior Livestock auction would be on held online July 24th and July 25th.
County Manager Updates
Jeff Shroll spoke about a recent meeting with all the towns between Glenwood Springs and Aspen working
through all things COVID, sharing data, sharing information, and sharing good conversations. Garfield County was
currently seeing very significant spikes in COVID as was Eagle County. Testing and the time it took to get results
were still key.
Chairman Chandler-Henry thanked Mr. Shroll for leading the charge.
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Consent Agenda
1. Renewal of Agreement Between Eagle County and Gerry Bortz(Landowner) for Access to East Beacon
Communications Site
Mick McQuilton, 800MHz/EM
2. Attestation Page for Baseline Conditions Report for Ridgway Property
Peter Suneson, Open Space
3. Amendment to Agreement Between Eagle County and Frontier Paving Inc. for 2020 Overlay Project
Ben Gerdes/John Harris,Road&Bridge
4. Amendment to Agreement Between Eagle County and Jviation, for Airport Deice Pad Project
Josh Miller,Project Management
Commissioner Scherr moved to approve the Consent Agenda for July 14, 2020, as presented.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Constituent Input
Chairman Chandler-Henry opened and closed constituent input, as there was none.
Business Items
1. Intergovernmental Agreement Between Eagle County and City of Aspen for Community Emergency
Assistance
Rhea Silverkorn, Administration
Executive Summary: City of Aspen has allocated$50,000 to Eagle County Government towards means tested
economic emergency assistance to support the Roaring Fork Valley community members.
Commissioner McQueeney moved to approve the intergovernmental agreement between Eagle County and
City of Aspen for community emergency assistance.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
2. The Board of County Commissioners will meet as necessary to review and take action on any issues related
to the COVID-19 Local Disaster Emergency.
There was nothing to discuss.
Planning File - Eagle County Room
1. Kudel Planned Unit Development -PDSP-9022/ZC-9023 -Combined PUD Sketch/Preliminary Plan and
Zone Change
Morgan Landers,Community Development
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Description: The applicant requests approval of a combined Sketch and Preliminary Plan Planned Unit
Development(a"PUD") application and Zone Change for a 1.4 acre area of land in the Edwards area referred to as
the Kudel PUD. The application proposes to create four single-family residential lots and two open space tracts.
The property is located just west of the Miller Ranch Road and Highway 6 intersection,between the Eagle River
and Highway 6. This hearing is one of two hearings on this file;the second hearing is scheduled for July 21, 2020.
Morgan Landers presented the file. The property included three parcels. The application was received
March 2019. Staff was recommending approval of the PUD application and zone change. She provided a vicinity
map detailing the proposal. The Planning Commission reviewed the file and believed the proposal was consistent
with the uses in the area and was appropriate for the location. A recommendation regarding drainage from Hwy 6
to the river was made. There were 13 standards for approval. Ms. Landers reviewed the standards and indicated
that the application met all the standards for approval. Staff recommended a condition be added to address the
stream setback at the time of final plat. The application was in conformance with the off-street parking and loading
standard. A second condition was proposed to address an access permit obtained from CDOT prior to recording of
the Final Plat. This was a single phase project and would provide a common recreation and open space in line with
the standards. The proposed zone change was beneficial to the Greater Eagle County Community. The zone
change was served by adequate roads,water, sewer and other public use facilities. The proposed subdivision was in
conformance with the purposes,intent, goals,and policies of the Eagle County Comprehensive Plan.
Commissioner McQueeney asked for detail regarding the 2%percent transfer fee.
Ms. Landers stated that the fee would be applied at the time of any transfer of the property.
Chairman Chandler-Henry asked about the housing plan and resident occupied deed restriction.
Ms. Landers stated that the properties would not be tied to an AMI target;pricing would be tied to market
rates.
Dominic Mauriello,Mauriello Planning Group stated that the group worked closely with the Housing
Department to come up with the housing plan. The units would be sold at market rates. Some of the market rate
units did sell to people working at Vail Health and those local residents that could afford the higher prices.
Chairman Chandler-Henry asked about the well water.
Ms. Landers stated that that the well would be tapped.
Chairman Chandler-Henry asked about the trail connection.
Ms. Landers stated that the trail went through the project.
Chairman Chandler-Henry opened public comment.
Ms. Landers explained that public comment period would remain open until Thursday,July 16 at 5p.m.
However,people could attend in-person and provide addition public comment at the next scheduled meeting.
Work Session - Eagle County Room
1. Eagle County Land Use Rewrite Project
Planning File - El Jebel Building
1. Hearing for the Tree Farm Phase Two Final Plat-PDF-9092 (first hearing)
Tez Hawkin, Staff Planner
Executive Summary: The applicant is seeks approval for the filing of Final Plat for Phase 2 of the Tree Farm
Planned Unit Development. The Planned Unit Development land use file number is PDP-4986 and was approved
under Eagle County resolution number 2017-064.
This hearing was one of two hearings; the second hearing was scheduled for July 21,2020.
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Tez Hawkins, Eagle County Associate Planner explained that this was the first of two hearings under the
revised COVID-19 hearing procedures. This hearing would cover the presentation, any questions from the
board, any in-person public comment, and include the Subdivision and Off-Site Improvements Agreement, a
partner file to the final plat. The second hearing would review any public comment submitted between today
and Friday, July 17 at 5 p.m. Mr. Hawkins provided some background. The Tree Farm Preliminary Plan was
approved June 16, 2017 per resolution R17-064. The Phase One Final Plat was approved May 28, 2019 and
the current application was submitted on February 2020. The project was accessible from Hwy 82 by Tree
Farm Drive, which was maintained by the Tree Farm Metropolitan District. It was served by water and
wastewater from the Mid Valley Metro District. The Phase Two Final Plat would allow for development of 31
of the 43 acres of the entire PUD. The Off-Site Improvements Agreement was a partner file of the final plat.
The application was sent out for public comment and public notice was mailed out June 29, 2020. Posted
notice was put on the property June 4, 2020. Per the Land Use Regulations, the final plat did not require
publication in the newspaper. There had been no public comment received as of today. The application was
sent out to 14 referral agencies, and5 of those agencies submitted comments back. The comments were minor
relating to the Subdivision Improvement Agreement easements,maintenance, and access. Staff believed that
the applicant addressed all the comments adequately. The Final Plat was reviewed against several standards of
the Land Use Regulations,and staff believed all the standards had been met. The Primary Plan was approved
with 13 conditions. The Final Plat was reviewed against the Tree Farm PUD and staff found some
inconsistencies between the Final Plat application and the Preliminary Plan. Because of that a minor PUD
guide amendment was submitted and approved administratively. The changes were related to trail width,
allowed utilities, open space and right-of-way acreage. Mr. Hawkins reviewed the seven standards and
indicated that the proposal met the standards.
Rickie Davies, Senior Staff Engineer with Eagle County reviewed Adequate Facilities Standards. The
standards were mainly addressed during the Preliminary Plan approval. The construction plans were reviewed
for roads and approved by the Eagle County Engineering Department. The applicant had obtained CDOT
utility permits to bore under Hwy 82. The applicant had also acquired a CDOT special use permit for
pedestrian stairs,walls, and improvements at the,underpass. The applicant had a notice of receipt for
construction of the frontage road intersection. The plans had been submitted to CDOT and were currently
under review. Regarding water, sewage, and solid waste, service to the project had been adequately addressed.
There was adequate capacity to serve development for both residential and commercial uses. Regarding fire
protection, there were no objections from the Roaring Fork Fire Rescue Authority. Regarding school land
dedication,the standard had been met.
Mr. Hawkins stated that the staff felt that all seven standards for Final Plat had been met.
Chairman Chandler-Henry asked if Mr. Hawkins would address the Geological Survey.
Mr. Hawkins stated that the survey was done at the Preliminary Plan and it was determined that any future
development and vertical construction needed to consider any geological hazard. It was requested that the date
of the survey be added to the plat notes.
Commissioner McQueeney asked about the standards in the staff report and the order of the standards in
the presentation.
Mr. Hawkins stated that the standards had section referenced in the staff report and the sections were not
included in presentation.
Jon Fredericks, Landwest Planning stated that the application did not have a formal presentation. Staff did
a fantastic job providing an overview. Phase one was started last year, and at this time the applicant was trying
to keep the project moving forward through the pandemic. They were still waiting for permits from CDOT to
address connectivity. Utilities were going in for Phase Two but it was unlikely that Phase Two would begin
before next spring.
Chairman Chandler-Henry opened public comment. Public comment would remain open until Friday,July
17, 2020 at 5 p.m.
2. Subdivision and Off-Site Improvements Agreement for Tree Farm- Phase 2 (first hearing)
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Executive Summary: The Tree Farm PUD was approved by the Board of County Commissioners on June 26,
2017. The Final Plat for Tree Farm Phase 2 is scheduled for Board approval on July 21,2020(the second of two
scheduled hearings). In conjunction with the approval of the Final Plat,the developer is required to enter into
this Subdivision and Off-Site Improvements Agreement to govern the construction of and collateralization of public
improvements and landscape improvements for the PUD. The developer has provided the required collateral for
the public and landscape improvements in the form of a letter of credit in the amount of$6,984,095.88.
Rickie Davies reviewed the Subdivision and Off-Site Improvements Agreement. The agreement required
complete engineering plans,time schedule, and cost estimate for all public improvements. The applicant was
required to provide a statement of proof that the developer had the ability to pay for the improvements. The
agreement binds the developer to any conditions placed in the resolution. The Site Improvements Agreement
(SIA) should be signed by the Board of County Commissioners in conjunction with the signature of the final
plat. The SIA was reviewed by the Eagle County Engineering Department and approved.
Chairman Chandler-Henry opened public comment. Public comment would be accepted until Fri July 16,
2020 @ 5 p.m.
Ther- : 'n_ no further business before <- 1,1 a r,, e meeting w s adjourned until July 21,2020.
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07/14/2020