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HomeMy WebLinkAboutMinutes 06/14/16 PUBLIC HEARING June 14, 2016 Present: Jeanne McQueeney Chairman Jillian Ryan Commissioner Kathy Chandler-Henry Commissioner Brent McFall County Manager Bryan Treu County Attorney Beth Ayres-Oliver Assistant County Attorney Teak Simonton Clerk to the Board 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 reported on the Colorado Counties,Inc. (CCI)conference that the commissioners attended last week. Commissioners from around the state attended. There was a discussion on the transfer of public lands. Eagle County was opposed and expressed support for public lands remaining public. The county had several allies in the proposed resolution. Commissioner Ryan stated that the Denver Post recently reported that there would be an increase in health care premium costs next year. The board had been working with Summit County and would know more when the Health Care Cost study was published. The commissioners were having conversations about strategies to address health care, affordable housing and childcare. Chairman McQueeney congratulated the recent graduates of the Family Leadership Training Institute. She was impressed by them and excited about the difference they would make in the community. Consent Agenda 1. Amendment No. 1 to Agreement between Eagle County and the Colorado Department of Health Care Policy and Financing for the Healthy Communities Program Early Periodic Screening and Treatment Benefit Geralyn Carroll,Public Health 2. Third Amendment to Agreement between Eagle County and StreetMediaGroup, LLC for Bus Advertising Services Chris Lubbers, ECO Transit 3. Resolution 2016-049 Concerning Appointments to the Eagle County Building Board of Appeals Vance Gabossi,Building 4. Resolution 2016-050 Ratifying Approval of Consent for Early Head Start Cost of Living Allowance Grant Application Beth Oliver, Attorneys Office 5. Grant Agreement between the Colorado Department of Higher Education and Eagle County, Lake County, Summit County and Routt County for the 2015-2016 Colorado Opportunity Scholarship Initiative Jill Ryan, Commissioner 1 06/14/2016 6. Amendment to Core Contract between Eagle County and the Office of Planning, Partnerships and Improvement through the Colorado Department of Public Health and Environment for Implementation of Public Health and Environment Services Jennifer Ludwig,Public Health and Environment 7. Task Order Amendment Waiver No. 154 to Contract between Eagle County and the Colorado Department of Public Health and Environment for Retail Food Establishment Standards Enforcement Ray Merry, Environmental Health 8. Amended Final Plat to amend Lots 1-35, Block 2 of the Two Rivers Plat in order to reduce the number of lots to increase buildability(Eagle County File No.AFP-6086) Sean Hanagan,Planning Commissioner Chandler-Henry spoke about the appointments to the Eagle County Building Board of Appeals. She thanked the individuals for their volunteer services. Commissioner Ryan moved to approve the Consent Agenda for June 14, 2016,as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Jeanne McQueeney opened and closed citizen input, as there was none. Business Items 9. Agreement between Eagle County and the Colorado Department of Public Health and Environment for the WorkWell Collaborative Grant Project Katie Haas, Public Health and Environment Jennifer Ludwig explained that this was a three year grant received from the State through the cancer cardiovascular,pulmonary disease grant program. The grant was for$258,000 for the next state fiscal year. The program was in its second year and a five-county collaboration. The program offered work place wellness programing for small businesses. In Eagle County there were 22 employers who had taken advantage of the program. Commissioner Chandler-Henry moved to approve the Agreement between Eagle County and the Colorado Department of Public Health and Environment for the WorkWell Collaborative Grant Project. Commissioner Ryan seconded the motion. The vote was declared unanimous. 10. Resolution 2016-051 Approving and Authorizing Signature of the Solar Interest Purchase Agreement and Related Project Documents between Eagle County and CEC Solar#1113, LLC,and Approving the Terms of the Lease Purchase Agreement that will Fund the Solar Interest Purchase John Gitchell, Environmental Health and Sustainability Mr. Gitchell spoke about the county's investment in renewable energy. A policy goal was set this spring to reduce greenhouse gas emissions 5%per year to achieve a 50%reduction by 2030. The county had invested in building improvements and energy efficiency. Solar had been installed on four Eagle County buildings. The county also invested in 3300 solar panels in a solar array near Carbondale. Kevin Morse,Vice President of Sales with Clean Energy Collectives(CEC) commended the commissioners, staff, and constituents for supporting clean energy and sustainability goals. This was the fourth 2 06/14/2016 project they'd done for Holy Cross Energy. The project was located in Garfield County at the Rifle airport. Operations and maintenance were included in the purchase price and were provided by CEC Solar. This was a 500 kilowatt purchase at a price of$2.69 per watt. The purchase would provide bill credits in the first year of$91,000. Over the 20 years it would provide over$2.3 million dollars of savings. They had a 20 year agreement with Holy Cross with the option to extend the program. The savings represented a full payback in 12-13 years. Chairman McQueeney wondered how much of the new array was available to the public. Mr.Morse stated that the project was fully reserved at this time. Commissioner Chandler-Henry asked about the jobs that were supported by the project. Mr.Morse stated that there was a full range of jobs available such as engineering positions,technicians, marketing, accounting,management, and sales. Commissioner Chandler-Henry asked about maintenance. Mr.Morse stated that the structure was unique and each array had its own operations and maintenance fund. A portion of the proceeds went to seed the account and 10%of the production would continue to fund the operations and maintenance. These funds were held in a trust account. Commissioner Ryan asked about the benefits. Mr.Morse stated that in the first year the bill credits would be near$90,986 and the first year payback was estimated to be 6.8%. The investment over the 50 year life equated to 60 million pounds of CO2 avoided. Mr. Gitchell stated that this was enough electric generation for 100 homes. Commissioner Ryan believed it made good financial sense. Mr. Gitchell reviewed the request and the benefits. Commissioner Chandler-Henry thanked Mr. Gitchell,Jessie Masten and Tom Hyatt for recognizing the financial and environmental benefits. She believed it was a huge benefit countywide. Mr. Gitchell thanked Diane Mauriello for her work on the agreement. Commissioner Ryan moved to approve the Resolution Approving and Authorizing Signature of the Solar Interest Purchase Agreement and Related Project Documents between Eagle County and CEC Solar#1113,LLC, and Approving the Terms of the Lease Purchase Agreement that will Fund the Solar Interest Purchase Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 11. First Amendment to Agreement between Eagle County and GCASA II, LLC for Solar Interest Purchase John Gitchell,Environmental Health and Sustainability Mr. Gitchell stated that the amendment added or changed language to specifically allow the county to transfer the tax benefits associated with future ownership of solar panels to a third party. The worth was potentially a million dollars by year five. Commissioner Chandler-Henry moved to approve First Amendment to Agreement between Eagle County and GCASA II, LLC for Solar Interest Purchase. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 12. Resolution 2016-052 Authorizing any Commissioner of the Eagle County Housing and Development Authority to Execute Documents Associated with Permanent Financing for the Castle Peak Senior Care Project Jill Klosterman,Housing Ms.Klosterman stated that the agreement was administrative in nature. The Housing Authority made a $5,000,000 loan to Castle Peak Senior Care, LLC in June 2015. Castle Peak was ready to execute the permanent 3 06/14/2016 loan documents because the interest rates were favorable. The Housing Authority needed to re-subordinate its $5,000,000 loan. Approval of the resolution allowed any commissioner to sign the agreement and other documents necessary for closing. Commissioner Chandler-Henry moved to approve the resolution authorizing any Commissioner of the Eagle County Housing and Development Authority to Execute Documents Associated with Permanent Financing for the Castle Peak Senior Care Project. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Eagle County Housing and Development Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning Files 13. PDA-6028 Anglers PUD Amendment Kris Valdez,Planning Ty Ryan, Engineering Spine& Ortho Surgery Center,LLC,Applicant Rick Pylman,Representative Action: Application to amend the Anglers PUD Guide and Preliminary Plan will include minor lot line adjustments,road realignment and repositioning of parking lot. Location: Miller Ranch Road,Edwards Area FILE NO./PROCESS: PDA-6028,Amendment of a Planned Unit Development PROJECT NAME: Anglers PUD Amendment LOCATION: Miller Ranch Road OWNER: Spine& Ortho Surgery Center, LLC APPLICANT: Spine&Ortho Surgery Center, LLC REPRESENTATIVE: Rick Pylman, Pylman& Associates,Inc. and Jeff / 1z Townsend, eft " Resort Concepts STAFF PLANNER: Kris Valdez, MURP, AICP ' y STAFF ENGINEER: Ty Ryan,PE Mfr RECOMMENDATION: Approve with Conditions fryff I. EXECUTIVE SUMMARY: 4 Request and Process The Applicant is requesting an amendment to the Anglers PUD which was approved by the Board of County Commissioners on August 25, 2015. The intent of this PUD Amendment application is to make adjustments to the PUD Preliminary Plan that will accommodate minor lot line adjustments. Specifically,the access road into the development is to be adjusted slightly to the north of the alignment set forth in the approved PUD. The Applicant is proposing to add additional uses to the Secondary Stream Setback. Specifically fire pits,hot tubs and foundations. Staff as well as other referral agencies had concerns regarding these additional uses since this secondary stream setback was negotiated during the Anglers PUD approval in August 2015, as a transition zone for stream setbacks. At the Planning Commission meeting on May 18, 2016,the Applicant voluntarily removed fire pits and hot tubs as an allowed use in the PUD Guide. This removal is captured by Condition#2. The Applicant has also proposed to relocate the Miller Ranch Open Space public parking lot("Parking Lot") further to the north of its presently approved location; this change will substantially reduce and minimize the amount of earthwork required and will increase the distance between the Parking Lot and the Eagle River. Further, the Parking Lot is now proposed to be on the Anglers PUD property rather than on County owned Berry Creek/Miller Ranch PUD Open Space, which was originally acquired with the intent of providing parking for access to the Berry Creek/Millers Ranch Open Space property and the Eagle River.The owner of the Property will be required to grant the County a permanent easement for the new location of the Parking Lot and for access to the Parking Lot.The Applicant has agreed that the PUD Developer and/or the Anglers PUD homeowners association will maintain the Parking Lot. In addition,due to the new location of the Parking Lot,the owner of the Property will be required to grant the County a public and vehicular access easement for access to and maintenance of the Berry Creek/Miller Ranch Open Space property. The original PUD was approved for a total of nine(9)single-family residential lots;this PUD Amendment does not propose to increase density. All conditions that have not been met yet, from the original Anglers PUD approval,as such,these items,will continue to be conditioned with the PUD Amendment. Staff is recommending approval,with conditions, of the PUD Amendment. Conformance with Amendment to Preliminary Plan for PUD Standards Staff believes this PUD is appropriate for an amendment with the conditions outlined by staff.With the removal of the new uses proposed in the secondary stream setback, staff believes the proposed amendment is consistent with the efficient development and preservation of the entire PUD, is compatible with adjacent properties, is not conferring a special benefit upon any person and this amendment is not extending the vesting period absent a specific finding and declaration to that effect. Requested Variations to Standards During the course of review of this file, staff,working with the Applicant and certain referral agency partners, has identified areas of non-conformance with certain improvement standards, as well as outstanding issues needing to be addressed by the Applicant. In each case where design-related standards(improvement standards for roadway widths and design as well as sidewalks and stream setbacks)have been found to be non-conforming, staff and the Applicant have worked to identify and summarize a list of requested"variations"to standards,the Applicant's justifications for such variations, and staff's response such requests. (See the table summarizing requested variations to standards in the staff report).Any variations from the standards of the Eagle County Land Use Regulations(ECLURs)must be granted by the Board of County Commissions. As a reminder,the PUD process is established,in large part,to allow designers and developers flexibility in design (through the granting of variations to standards and dimensional limitations) in order to achieve certain functional, economic and/or environmental benefits. Likewise,the granting of variations must be predicated on the finding that proposed design solutions equal or exceed the performance of prescribed County standards and,importantly,that such variations achieve certain purposes such as obtaining"desired design qualities,"incentivizing developers to provide affordable housing, or avoiding"environmental resources and natural hazards"(ECLURs,pp. 5-43—44). 5 06/14/2016 Overview of Findings In short, staff believes the Applicant has been diligent in meeting the objectives and obligations of the original PUD approval, in working with the County and other agencies and keeping staff and other agencies appraised to changes. The following matrix summarizes applicable standards, a recommended finding, and a brief discussion regarding staff's findings. More in-depth discussion of how or why staff believes the proposed Amendment to the Preliminary Plan for PUD meets or does not meet applicable standards is provided in Section III—Staff Findings and Recommendation starting on page 12 of the report. Amendment to Preliminary Plan for PUD Standard Conformance Discussion Modification Yes With adherence to the proposed Conditions of The modification,removal, or Approval, staff believes this modification is release is consistent with the consistent with the original Anglers PUD. efficient development and preservation of the entire Planned Unit Development; (am 3/12/02) Adjacent Properties Yes The proposed PUD Amendment will not affect, in a The PUD Amendment does not substantially adverse manner, either the enjoyment affect, in a substantially adverse of land abutting,upon or across a street from the manner, either the enjoyment of Planned Unit Development or the public interest as land abutting upon or across a conditioned. street from the Planned Unit Development or the public interest; (am 3/12/02) Benefit Yes The PUD Amendment would not confer a special The PUD Amendment is not benefit upon any(single)person due to the fact the granted solely to confer a special property is still under one ownership and the benefit upon any person. (am property has not been developed yet. 3/12/02) Amendment Yes The proposed PUD Amendment will not have the Amendment of a Preliminary Plan effect of extending the vesting period,because the for PUD shall not have the effect of existing PUD was just approved in 2015. The PUD extending the vesting period absent Amendment, if approved, does not reset the vesting a specific finding and declaration to period.The Applicant has indicated that the Final that effect. (am.05/08/12) Plat application will be submitted at the conclusion of the PUD Amendment hearings. Standards Mixed Please see the discussion in the chart below and in PUD Amendments shall address the remainder of the staff report the standards Pursuant to Section 5- 240.F.3.e. Applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made. (am 3/12/02) Notification Yes All property owners within the PUD and all adjacent The applicant shall provide pre- property owners have received notice of this PUD addressed, stamped envelopes for Amendment; inclusive of the Eagle County Planning 6 06/14/2016 every property owner in the PUD, Commission and Board of County Commissioner as well as for all adjacent property hearing dates and times. owners. The applicant shall also comply with Section 5-210.E. (am 3/12/02) Preliminary Plan Standards Standard Conformance Discussion Unified Ownership or Control The title to all land that is part of a PUD shall be owned or controlled by one(1)person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. For the purposes of amending a PUD, written consent by the governing The entire land holdings are owned by Spine& Ortho Home Owner's Association or Yes Surgery Center,LLC Property Owner's Association shall satisfy this standard. The Home Owner's Association, or Property Owner's Association, with a majority vote of its constituents, may also apply for a PUD amendment on behalf of all individual property owners of the land subject to the conditions and standards of the PUD to be amended. (am.05/08/12) Uses The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Staff and referral agencies are not in support of the Agricultural and Resource Zone proposed additional uses in the Secondary Stream Districts Use Schedule", or Table Yes,with Setback. At the Planning Commission hearing on May 3-320, "Commercial and Industrial Conditions 18, 2016,the Applicant voluntarily removed the Zone Districts Use Schedule", for additional proposed uses of hot tubs and fire pits. the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5- 240 F.3.f.,Variations Authorized. Dimensional Limitations Variations from dimensional limitations have been The dimensional limitations that Yes proposed in accordance with the ECLURs. Staff is 7 06/14/2016 shall apply to the PUD shall be amenable to variations to building setbacks from the those specified in Table 3-340, Eagle River. (See full discussion under Section III— "Schedule of Dimensional Staff Findings and Recommendation). Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f.,Variations Authorized,provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Variations from dimensional limitations as well as from improvement standards for roads, dedicated Variations Authorized Mixed-requires right-of-way, and sidewalks. Staff accepts all variation approval variations with the public benefit as proposed by the Applicant. (See full discussion under Section III- Staff Findings and Recommendation). Off-street Parking and Loading Off-street parking and loading The Applicant is representing that off street parking provided in the PUD shall comply and loading standards are being met. (See full with the standards of Article 4, Yes discussion under Section III—Staff Findings and Division 1, Off-Street Parking and Recommendation) Loading Standards. Landscaping Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the The amended Preliminary Plans for landscaping proposed landscaping provides Yes with indicate overall conformance with the requirements sufficient buffering of uses from and recommendations of Article 4, ECLURs. (See full each other(both within the PUD Condition discussion under Section III—Staff Findings and and between the PUD and Recommendation). surrounding uses)to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. 8 06/14/2016 Signs The sign standards applicable to the PUD shall be as specified in Article 4,Division 3, Sign Regulations,unless, as provided in Section 4-340 D., Signs Allowed The PUD Guide contains signage restrictions and in a Planned Unit Development requirements that meet or exceed the standards of the (PUD),the applicant submits a Yes ECLURs. (See full discussion under Section III -- comprehensive sign plan for the Staff Findings and Recommendation). PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Adequate Facilities The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for Public facilities have been found to be adequate to potable water supply, sewage Yes,with serve the proposed development. (See full discussion disposal, solid waste disposal, variation approval under Section III—Staff Findings and electrical supply, fire protection Recommendation). and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Improvements The improvements standards Public improvements are generally found to be in applicable to the development shall Yes,with conformance with applicable standards. (See full be as specified in Article 4, variation approval discussion under Section III—Staff Findings and Division 6,Improvements Recommendation). Standards. Compatibility with Surrounding Uses The PUD shall be generally compatible with the existing and The amended Preliminary Plan has been found to be currently permissible future uses of compatible with surrounding uses. (See full discussion adjacent land and other lands, Yes under Section III—Staff Findings and services or infrastructure improvements that may be Recommendation). substantially impacted. (am.0S/08/12) Consistency with Comprehensive Plan The amended Preliminary Plan have been found to be The PUD shall be in substantial consistent with the goals,policies, objectives and conformance with the Eagle Yes implementation strategies of the Edwards Area County Comprehensive Plan,Area Community Plan. (See full discussion under Section Community Plans, and any III—Staff Findings and Recommendation). applicable ancillary County adopted documents pertaining to 9 06/14/2016 natural resource protection, affordable housing or infrastructure management. (am.11/08/05) (am.05/08/12) Phasing The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases,then guarantees shall be provided for public improvements and amenities that are necessary or desirable for residents of the N/A There will be no phasing associated with this PUD. project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project as determined by the Board of County Commissioners in the Resolution of approval. (am.05/08/12) Common Recreation and Open Open Space and approximately 1.11 acres of the Space property consists of the Eagle River which is allowed The PUD shall comply with the to be counted as open space. Therefore,the following common recreation and Yes application meets the standards of the ECLURs. open space standards [in Section 5- However, as part of this PUD Amendment, 2,685 240.F.3.e.12] square feet are being removed from the Common Area/Open Space. Natural Resource Protection The PUD shall consider the recommendations made by the applicable analysis documents, as Yes,with The amended Preliminary Plan and PUD conform to well as the recommendations of conditions this standard as conditioned. referral agencies as specified in Article 4, Division 4,Natural Resource Protection Standards. Discussion Topics and Outstanding Issues The outstanding items that still exist are a requested waiver to the sidewalk requirements and right-of-way dedication. Staff is supportive of the waiver for sidewalk requirements based on the Anglers PUD Developer's agreement that the Anglers PUD Developer will grande and construct the six(6)spaces for the Parking Lot, construct a sidewalk from the east end of the Parking Lot to Miller Ranch Road,and construct and/or improve a trail from the Parking Lot to the Eagle River in accordance with Eagle County specifications. Please refer to additional analysis regarding issues,required standards and conformance within Section III—Staff Findings and Recommendation,and within attached referral agency comment letters. PUD Guide and Land Use Schedule 10 06/14/2016 The Anglers PUD Amendment application proposes a PUD Guide setting forth zoning and land use controls, signage, lighting, landscaping, fencing/berming, wildlife, snow storage, drainage,utilities, and solar for each planning area within the PUD. Overall, staff suggests that the PUD Guide is appropriate and adequate for the type, scale and intensity of proposed uses on the subject property. The PUD Guide provides the necessary regulatory controls to allow Eagle County to administer zoning and land use control,while also providing flexibility to a homeowner's association(Design Review Board and/or HOA board)to administer some level of local control. However, staff is recommending modifications to the proposed PUD Guide in regards to the uses in the Secondary Stream Setback Planning Area as outlined in the conditions. Roadway Right-of-Way(ROW)Dedication and Sidewalks The application proposes a privately held, 30-foot ROW for the access road,Anglers Way. A 30-foot ROW requires a variation from the standards for this road as discussed below. As proposed,Anglers Way would be gated near the entrance, and access rights would be granted to the emergency service providers for access as necessary. An easement for ingress and egress to the Parking Lot will be granted for public use along a portion of Anglers Way from Miller Ranch Road to a point 20-feet west of the westernmost parking space in the Parking Lot. However, a provision of public pedestrian access through the subdivision to Miller's Creek would support safe routes to schools and open space access as part of Sustainable Community Index. Staff has defined Anglers Way as an Urban Residential Road. That classification requires a minimum ROW width of 50-feet. During the approval of the original PUD,the applicant agreed to provide sidewalk easements on both sides of Anglers Way and contiguous with the 30-foot ROW. Staff determined that was an acceptable compromise to allow for the reduction in the required ROW. At the time,no designs for sidewalks were provided so a condition of approval was required for the applicant to provide sidewalk designs prior to Final Plat to demonstrate the provided sidewalk easements were adequate for the sidewalks. With this application,the applicant requests a change to the sidewalk easements as conditioned in the original approval by limiting the sidewalk easement to the north side of Anglers Way running from the connection with Miller Ranch Road on the east to the Emergency Access Easement at the end of the road on the west. While this is a departure from the understanding of the sidewalk layout during the original approval. During the Planning Commission hearing,the Planning Commission and applicant suggested to eliminate the internal sidewalks and sidewalk easements completely following a proposal from the applicant to construct all six (6) spaces in the Parking Lot,to construct a sidewalk from Miller Ranch Road connecting to the Parking Lot, and constructing a natural path from the Parking Lot down to the Eagle River. After consideration, staff agrees with this recommendation. During the review, staff recommended that Anglers Way be dedicated to the public to be maintained by the developer. This would improve mobility in the neighborhood for residents,visitors, and emergency access providers;however,the Applicant requests that the road be reserved as a private road with gated access. Regardless of the final ROW dedication,the developer will be responsible for the construction and maintenance of all improvements for this project. Further,the Parking Lot is now proposed to be on the Anglers PUD property rather than on County owned Open Space,which was originally acquired with the intent of providing parking for access to the Berry Creek/Millers Ranch Open Space and the Eagle River. The owner of the Property will be required to grant the County a permanent easement for the new location of the Parking Lot and for access to and maintenance of the Parking Lot. In addition, due to the new location of the Parking Lot,the owner of the Property will be required to grant to the County a public and vehicular access easement for access to and maintenance of the Berry Creek/Miller Ranch Open Space property. Geologic Hazard Mitigation The subject property was evaluated by FJS Engineering with regard to feasibility of development given certain pre- existing geologic and/or soils conditions as part of the original PUD approval under Eagle County File No. PDP- 11 06/14/2016 6028. In a report by FJS Engineering dated January 18,2015,the limited geologic hazards and suitable geology of the property does not appear to preclude development of the proposed Anglers PUD consisting of an eleven* lot single-family residential community. *When the geologic report was done, the proposal was for eleven (11) lots, rather than the nine (9)approved on August 25, 2015.. The report makes certain findings and recommendations including the need for site specific,design related mitigation to be incorporated into final design and construction details. The State of Colorado Geologic Survey has provided comments with regard to FJS Engineering's findings and recommendations, specifically CGS had concerns about the slope stability along the Eagle River. The Applicant has committed to site specific geologic studies,mitigation and design for all building types. Final plats could include plat notes that require such studies. CGS has no concerns with the amendment,but asks that the previous comments from the original Anglers PUD be addressed during Final Plat. Staff has added this as a Condition of Approval. Eagle River Fire Protection District Concerns The dimensions of the proposed Anglers Way, do not accommodate the dimension of a ladder truck,therefore the Eagle River Fire Protection District recommended and was granted by the Board of County Commissioners,a connection to the Miller Creek platted Emergency Access Easement. Eagle River Fire was amenable to the access to Anglers being gated with the condition that a Knox gate opening mechanism is installed for use by the emergency service providers. This is addressed through the Conditions of Approval carried over from the original Anglers PUD file.The Condition of Approval has been included to address these concerns. Edwards Metro Board While the Edwards Metro Board(Board)was supportive of the changes in location of the open space Parking Lot and was concerned that the fishing easement had been eliminated with this application. (The Sportsman's Easement is still a Condition of Approval for the file.)However,the Board had concerns and is not supportive of the additional uses in the Secondary Stream Setback. Specifically,their letter states,"Also,the Board had concerns and is not supportive of the proposed change stated in the PUD guide on page 6 as it relates to potential impacts to the secondary stream setback. These additions are introducing new uses. Allowing fire pits,hot tubs,patios, and foundations are exactly what the Town of Vail has been working on removing due to environmental impact on Gore Creek. Fire pits provide the opportunity for ash to contaminate the river as well as chemicals from hot tubs. These are new uses and are not well placed in a secondary stream setback." Staff has added a Condition of Approval requesting that the PUD be modified to remove these new uses. Eagle River Water and Sanitation The Eagle River Water and Sanitation District(ERWSD) originally had no comments for this amendment. However,Bob Narracci had a conversation with Linn Brooks at ERWSD on April 29, 2016. Ms.Brooks stated that ERWSD is not supportive of non-permeable activities within the primary and secondary stream setbacks.This has been addressed through the Condition of Approval requiring that fire pits and hot tubs be removed as a use by right from the Secondary Stream Setback. Eagle River Watershed Council The Eagle River Watershed Council wanted the Applicant to be aware that "...this section of river is currently listed on the Clean Water Act's 303(d) list of impaired waters due to temperature and sediment impairment. The segment is also listed on Colorado's Monitoring and Evaluation list for expected impairment of aquatic life. Incremental impacts on the river from multiple land uses along the river corridor likely contribute to current conditions." Also, "ERWC appreciates the efforts of the development team to utilize a tapered setback and set use restrictions within the 50-70 foot setback zone, however we were disappointed to find that the word "permeable"was removed from the description of permitted land uses in Planning Area C. Development of impermeable surfaces and foundations in the stream setback increases our water quality concerns, as hardened surfaces generate more stormwater runoff. Additionally, the allowance of hot tubs in this planning area is not ideal. Local experience and observation suggests that hot tubs in near stream zones are frequently drained directly to the river or riparian 12 06/14/2016 zones for cleaning. If the County allows hot tubs in Planning Area C, we recommend that they be tied into municipal sewer lines so that drained water can be properly treated. ER WC would be amenable to inclusion of primitive fire pits on permeable surfaces within the secondary setback. ERWC recommends that the County continue to work with the developer to ensure that the language provided in Section 3(b) of the PUD Guide restricts land uses within that zone to the greatest extent practicable." In the April 26, 2016 version of the Anglers PUD Guide,the Applicant has added the word"permeable"to the Secondary Stream Setback section.However, fire pits,hot tubs and foundations are still allowed as a use by right. Staff has added a condition that fire pits and hot tubs be removed as a use by right and that foundations are allowed for deck footers only. The Applicant has agreed to the removal of hot tubs and fire pits from the Secondary Stream Setback. Wildlife The developable portion of the projects consists primarily of a minimally vegetated gravel terrace above the Eagle River. The wildlife habitat of the property has been degraded due to the historic use and development of the property as an auto shop and storage lot. In addition,the property has been partially isolated by the surrounding US HWY 6 to the south,the railroad tracks and 1-70 to the north and adjacent developments. The transitional hill between the gravel terrace above and the Eagle River below has been largely cleared, although mature trees and a narrow riparian area are located immediately adjacent to the Eagle River. The stream setback of the proposed Anglers PUD should limit development within this area. Colorado Parks and Wildlife stated in their letter on April 14, 2016, "Stream setbacks are critical for maintaining natural riparian systems that are fully functional. In order for the stream setbacks to protect the riparian system they need to be left in their natural state without further encroachment from manmade structures, non native vegetation and removal/pruning of native vegetation. The proposed amendment requests allowing decks,patios and related foundations,fire pits, hot tubs and up to 250 square feet of irrigated nonnative grasses within the secondary stream setback.Allowing such structures within a stream setback does not provide the necessary protection for the aquatic habitat." ..."CP W would recommend that the definition for both the primary and secondary stream setback clearly state that the intent of the primary and secondary stream setback is to provide for a natural and fully functioning riparian system not to enhance the scenic value or to provide additional outdoor living space. Rejuvenation of the natural habitat is permitted, including restoration of natural grasses, shrubs and trees, removal of manmade accumulated debris, and removal of overhead electrical/utilities." The Applicant has made the recommended changes in the Anglers PUD Guide in regards to the language suggested by CPW. However,the Applicant has left fire pits and hot tubs as a use by right within the Secondary Stream Setback. Staff has added a condition that fire pits and hot tubs be removed as a use by right.The Applicant has agreed to the removal of fire pits and hot tubs from the Secondary Stream Setback. II. BACKGROUND: History of the Alberts Property-Use The property was locally known as"Jesse's Parcel,"in reference to its longtime owner Jesse Alberts. Originally from Gothenburg,Nebraska,Jesse moved to the valley in 1967 and owned a service station in Vail. Jesse purchased the property in 1970 and lived there until shortly before his death on December 8,2010. The property was rezoned to the Anglers PUD in August 2015. The purchaser of the property from the Alberts Estate, Spine&Ortho Surgery Center, LLC,hired Jeff Townsend of Resort Concepts and Rick Pylman of Plyman&Associates to development property as approved. However,the Anglers PUD as approved in 2015 couldn't be developed as the new owners desired which required an amendment to the approved Anglers PUD. III. STAFF FINDINGS AND RECOMMENDATION: 13 06/14/2016 Staff is recommending approval of this application, with conditions,based on a finding that the proposed PUD Amendment application, as conditioned,meets or can meet all applicable standards for an Amendment of a Planned Unit Development, as conditioned. Along with a description of how and why staff believes certain standards required for Amendment to Preliminary Plan for PUD Standards are or can be met as conditioned,the analysis provided below summarizes outstanding issues and areas of non-conformance identified by staff while reviewing the proposal in cooperation with referral partners in the region. Overall, staff finds that all standards are either met, or that a positive finding can be made based on further mitigation or revision by the Applicant to increase conformance through the imposition of conditions of approval or the granting of variations to improvement or dimensional standards prescribed or recommended in the ECLURs. Amendment to Preliminary Plan for PUD Standards Per the ECLUR's,"No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County,following a public hearing called and held in accordance with the provisions of section 2467104(1)(e) Colorado Revised Statutes that; (am 3/12/02) (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (am 3/12/02) Staff believes the proposed PUD Amendment,with adherence to the Conditions of Approval,is consistent with the efficient development and preservation of the entire Planned Unit Development. (2) Adjacent Properties. The PUD Amendment does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; (am 3/12/02) It is staff's opinion that the proposed PUD Amendment will not affect,in a substantially adverse manner, either the enjoyment of land abutting,upon or across a street from the Planned Unit Development or the public interest as conditioned. (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. (am 3/12/02) Staff believes that the PUD Amendment would not confer a special benefit upon any(single) person due to the fact the property is still under one ownership and the property has not been developed yet. (4) Amendment. Amendment of a Preliminary Plan for PUD shall not have the effect of extending the vesting period absent a specific finding and declaration to that effect. (am.05/08/12) The proposed PUD Amendment will not have the effect of extending the vesting period,because the existing PUD was just approved in 2015. The PUD Amendment, if approved, does not reset the vesting period. The Applicant has indicated the the Final Plat application will be submitted at the conclusion of the PUD Amendment hearings. (5) Standards. PUD Amendments shall address the standards Pursuant to Section 5-240.F.3.e. Applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made. (am 3/12/02) This finding is stating is that the Preliminary Plan for PUD may be amended, extended,varied or altered only pursuant to the standards and procedures established for its original approval. Evaluation of the PUD 14 06/14/2016 standards set forth in Section 5-240.F.3.e, is provided below in this report. (6) Notification. The applicant shall provide pre-addressed, stamped envelopes for every property owner in the PUD, as well as for all adjacent property owners. The applicant shall also comply with Section 5-210.E. (am 3/12/02) All property owners within the PUD and all adjacent property owners have received notice of this PUD Amendment; inclusive of the Eagle County Planning Commission and Board of County Commissioner hearing dates and times. Preliminary Plan Standards As stated in the ECLURs, "The purpose of the Planned Unit Development(PUD)zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations. This is done through the application of performance standards that: 1. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary facilities are conveniently located in relation to each other; 2. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for public transportation and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; 3. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; 4. Maintain Water Quality and Quantity.Maintain and enhance surface and groundwater quality and quantity; 5. Contribute to Trails System. Provide applicants the opportunity to contribute to the County's multi-use trail system and maintain access to public lands and rivers; 6. Incentives for Affordable Housing.Establish incentives for applicants to encourage the provision of long term affordable housing; and 7. Comprehensive Plan. The PUD shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management." STANDARD: Unified ownership or control. [Section 5-240.F.3.e(1)]—The title to all land that is part of a PUD shall be owned or controlled by one (1)person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. Staff Response: Full Conformance The subject property included within the PUD boundaries is owned by Spine&Ortho Surgery Center,LLC. STANDARD: Uses. [Section 5-240.F.3.e(2)]—The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule"for the zone district designation in effect for the property at the time of the 15 06/14/2016 application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. Staff Response: Full Conformance The uses proposed within the PUD are those designated as uses that are allowed, allowed as a special use or allowed as a limited review use in the ECLURs. This application proposes a nine(9)home PUD that includes some of the uses listed within Tables 3-300, and 3-310 of the ECLURs. Accessory Dwelling Units are not an allowed use in the PUD because that would have required a 1041 Permit for the file. This has not changed from the original Anglers PUD approval. However,the proposed use of fire pits and hot tubs are not supported by staff and multiple referral agencies. Therefore, staff has added a Condition of Approval that these items be removed from the Secondary Stream Setback. The Applicant has agreed to remove these items from the Secondary Stream Setback and modify the PUD Guide to reflect this change prior to recording the PUD Guide. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e(3)]—The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized,provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. • Staff Response: Mixed Conformance—Requires Variations to Standards Variations from dimensional limitations have been proposed in accordance with the ECLURs. Staff supports variations to building setbacks from the Eagle River with the removal of hot tubs and fire pits. STANDARD: Variations Authorized[Section 5-240.F.3.f.]provides for variations to be authorized for uses within a PUD, as well as for dimensional limitations (building setback and height restrictions, lot coverage maximums)and improvement standards (roads, sidewalks,parking and loading standards) to achieve one (1)or more of the following purposes: (a) Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. (b) Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands, as these have been identified in Section 3-310.B.1., Purpose. (c) Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings "wet"water into the Upper Eagle River Basin. (d) Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi-use trail system, in accordance with the recommendations of the latest version of the Eagle County Trails Plan, or to provide appropriate forms of access(including summer and winter parking areas and trailheads) to public lands and to river and creek drainages in Eagle County. (e) Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. (f) Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities, including but not limited to public transportation facilities,public recreation facilities and similar facilities. The facilities may be located on or off of the PUD site, and shall be facilities that meet the demands not only of project residents, but also of other residents of and visitors to Eagle County. 16 06/14/2016 Staff Response: Mixed Conformance—Requires Variations to Standards Variations are proposed from dimensional limitations as well as from improvement standards for roads and sidewalks. Staff supports all variations as proposed with the proposed improvements being provided by the Developer and/or the Anglers PUD HOA. . Below is an explanation of the requested variations for the Improvement Standards. Anglers'P Variation Summary ECLUR Variance Street Applicant Comment Eagle County Staff C a 'eats Standard ROW/Easements During the Planning Commission hearing,the Planning Commission and applicant Applicant requests the sidewalk suggested the elimination of the easement run the length of internal sidewalks and sidewalk Anglers Way along the north side easements completely following a Private of the road as shown on the proposal from the applicant to 1 30'ROW 50'ROW Road for submitted engineering plans and construct all six(6) spaces in the Anglers that the approved right-of-way Parking Lot,to construct a PUD width remain as currently sidewalk from Miller Ranch Road approved. The proposed connecting to the Parking Lot, sidewalk easement is 6-feet in and constructing a natural path width. from the Parking Lot down to the Eagle River. After consideration, staff agrees with this recommendation. Sidewalks During the Planning Commission hearing,the Planning Commission and applicant suggested to eliminate the internal sidewalks and sidewalk 6'Detached easements completely following a Propose to maintain the Sidewalks Private proposal from the applicant to To not variance as previously 1 construct at required for Road for approved leaving sidewalks as construct all six(6) spaces in the both sides of Anglers Parking Lot,to construct a this time. Anglers pTrl an option for the sidewalk from Miller Ranch Road Way Developer/HOA connecting to the Parking Lot, and constructing a natural path from the Parking Lot down to the Eagle River. After consideration, staff agrees with this recommendation. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e(4)]—Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: 17 06/14/2016 (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services)as a means of complying with this standard. Staff Response: Full Conformance The Applicant committed that off street parking and loading standards will be met.No design demonstrating the parking for the lots has been provided.This will be provided as part of the building permit for each residence. STANDARD: Landscaping. [Section 5-240.F.3.e(5)]—Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other(both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. Staff Response: Full Conformance with Condition The Preliminary Plan for landscaping indicate overall conformance with the requirements and recommendations of Article 4,ECLURs. Per the PUD Guide; however the Detailed Site Plan typically required for Preliminary Plan review was not provided. The Community Development Director granted a waiver for this situation to allow the applicant to submit the Detailed Landscape Plan in accordance with Section 4-220.0 at the time of application for Final Plat. A condition to this effect has been added. Below are the landscaping standards provided in the PUD Guide: "Landscaping: The common area landscaping of the Anglers PUD shall be maintained by the HOA. The minimum landscaping requirements per developed homesite are: A. Two (2) coniferous trees Minimum size—6'to 8' B. Four(4) deciduous trees Minimum size—2"caliper measured{four feet from the ground} (This is new proposed language.) C. Six(6)shrubs Minimum size—5 gallon Any irrigated areas within the Anglers PUD shall be initially landscaped with sufficiently deep topsoil to permit deep root growth. " STANDARD: Signs. [Section 5-240.F.3.e(6)]—The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development(PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Staff Response: Full Conformance All signage of the proposed Angles PUD shall comply with the standards of the PUD Guide. Per the PUD Guide, "Signage: 18 06/14/2016 A. Project Entry Monument and Sign:A project entry monument and sign shall be limited in quantity to one, located at the entrance to the community on the east side of the Anglers PUD and shall not exceed thirty-two (32)square feet in size and the maximum height shall not exceed eight(8)feet. B. Residential Identification Signage:Residential identification signage shall be limited to one per dwelling unit and individual letters/numbers shall not exceed six(6) inches in height. C. Directional Signage: Signs shall be allowed throughout the property where necessary to provide direction to residents and guests,provided such directional signs shall be limited in size to four(4)square feet and limited in quantity to four(4)." D. Other Allowed Miscellaneous Signs:Standard temporary or permanent signage erected by a public entity or utility is permitted. In addition, limited temporary signage approved in advance by the HOA may also be permitted." Staff requested clarity on what"limited temporary signage"would mean in the PUD but the Applicant stated that they are not proposing to amend this section of the PUD and would not be addressing this comment. STANDARD: Adequate Facilities. [Section 5-240.F.3.e(7)]—The applicant shall demonstrate that the development proposed in the (Sketch)Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply,fire protection and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. Staff Response: Mixed Conformance—Requires Variations to Standards Based on review for preliminary planning purposes,the adjacent utilities are sufficient to accommodate the proposed Anglers PUD and are located at multiple connection points within close proximity of the project. The service providers are ERWSD for water and sewer, SourceGas for natural gas,Holy Cross Energy for electrical, and CenturyTel/CenturyLink for telecom. The property is located in relation to the following schools and emergency services: Schools June Creek Elementary 0.10 Miles Berry Creek Middle 0.10 Miles Red Canyon High 0.10 Miles Eagle Valley Charter Academy 0.20 Miles Battle Mountain High 0.75 Miles Emergency Services Edwards Fire Station 1.70 Miles Edwards Ambulance Station 1.70 Miles STANDARD: Improvements. [Section 5-240.F.3.e(8)]—The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe,Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way,private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1)or more of the minimum design standards of the American Association of State Highway Officials (AASHTO)for that functional classification of roadway. 19 06/14/2016 (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular,pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. Pursuant to Section 4-610.A.2 - Standards Are Not Inflexible,ECLURs, "design criteria and standards provide a certain level of performance, however, they are not inflexible. If an alternate design,procedure, or material can be shown to provide performance and/or environmental sensitivity which reflects community values equal to or better than that established by these standards, said alternative may be recommended for approval by the County Engineer.In evaluating the proposed alternate the County Engineer shall follow the procedures in Section 5-260.G., Variance From Improvement Standards. The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased." Staff Response: Mixed Conformance—Requires Variations from Standards The proposed Anglers PUD requests variations from the County's Improvement Standards of Article 4,Division 6 as summarized in the Variations Summary table under the section"Variations Authorized"on pages 16 through 17. Staff agrees with the recommendation from the Planning Commission as described above. As demonstrated in the plans and from the previous approval, dual access will be addressed by completing the emergency access connection to the Mlller's Creek neighborhood. This application complies with the previous agreement. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e(3)]—The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized,provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Staff Response: Mixed Conformance—Requires Variations to Standards Pursuant to ECLUR§5-240(F)(3)(e)(3),the zone district designation in effect for the property at the time of the application for PUD is"Resource"and therefore the dimensional limitations of the Resource zone designation, as specified in ECLUR Table§3-340, shall apply to the proposed Anglers PUD. The proposed Anglers PUD complies with the dimensional limitations of ECLUR Table§3-340,with the exception of the following and for which a variation is requested. Staff supports the all the variations being proposed in the PUD Guide. These variations have not changed regarding lot size. However,to accommodate these lot sizes and the movement of Anglers Way to the north, common area has been reduced. 20 06/14/2016 1. Minimum Lot Size: The proposed Anglers PUD requests a variation of the minimum lot area per use from 35 acres to a minimum of 0.15 acres to accommodate the following nine(9) single-family residential home sites: Land Use Summary Table Parcel Lot Size in Acres Proposed Use Lot 1 .17 Single Family Lot 2 .15 Single Family Lot 3, .15 Single Family Lot 4 .15 Single Family Lot 5 .16 Single Family Lot 6 .16 Single Family Lot 7 .16 Single Family Lot 8 .28 Single Family Lot 9 .28 Single Family 2. Maximum Floor Area: 4,250 square feet. The calculation of maximum floor area shall exclude any enclosed garage and below-grade basement(including the exclusion of any walkout basements). 3. Minimum Front Yard Setback: 15 feet. 4. Minimum Rear Yard Setback: 7.5 feet(note—the minimum rear yard setback does not apply to Lots 1 thru 7 due to the application of the minimum stream setback). 5. Minimum Side Yard Setback: 7.5 feet; provided the east side yard setback of Lot 1 and the west side yard setbacks of lot 7 and lot 8 shall be 10 feet. 6. Minimum Stream Setback: Please see the stream setback as provided for in Planning Area C. 7. Maximum Building Height: 35 feet. 8. Measurement for Maximum Building Height: Maximum Building Height(excluding chimneys and flues) shall be measured vertically at any given point along the sides of the building to the midpoint between the eave line and the peak of the main roof form. The average of the combined heights of all sides of the building shall not exceed the maximum specified height. Setbacks shall be measured to the face of building, excluding roof overhangs that do not exceed twenty-four(24)inches deep. 21 06/14/2016 9. Parking: Each developed homesite must include a minimum of two(2) enclosed garage parking spaces and an additional minimum of two (2)uncovered spaces(which may be located in front or alongside of the garage, and within a front/rear yard setback). STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e(9)]—The development proposed for the PUD shall be compatible with the character of surrounding land uses. Staff Response: Full Conformance The compact development of the proposed Anglers PUD would blend with the surrounding land uses. The proposed single-family land use of the Anglers PUD resembles the single-family and duplex land uses of the surrounding Miller's Creek PUD, Riverstone(Logan Park)PUD and Arrowhead River Ranch PUD, and minimizes the impact of development on the nearby school and open space land uses. A density of 2.22 units/acre(9 units/4.05 acres) for the proposed Anglers PUD is less than the average density of 2.88 units/acre for the surrounding three of Miller's Creek PUD,Riverstone(Logan Park)PUD, and Arrowhead River Ranch PUD. The compact development of the proposed Anglers PUD satisfies the density policies of the Edwards Area Community Plan. Specifically: On a gross density basis,the nine(9) single-family residential units of the proposed Anglers PUD are sufficiently below the total of sixteen(16)units for the property based on the Edwards Area Community Plan's policy of gross density of four(4) or less units per acre(4.05 gross acres x 4 units/acre= 16.20 total units). On a net density basis,the nine(9) single-family residential units are still sufficiently below the total of seventeen(17)units for the property based on the Edwards Area Community Plan's policy of net density of six(6) or less units per acre(2.94 acres developable land x 6 units/acre= 17.64 total units). The design qualities of any substitute proposal(e.g.,townhomes, medium or high density multifamily, estate-style single family, or continuation of existing commercial uses)would not blend as harmoniously with the surrounding land uses. STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e(10)]—The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. Staff Response: Full Conformance The project was reviewed against the 2006 Eagle County Comprehensive Plan and the 2003 Edwards Area Community Plan. The project addresses a preponderance of master plan goals,policies, objectives and implementing strategies,while adhering to Future Land Use Map designations and prescribed uses. Eagle County Comprehensive Plan(2006) The following is a brief overview of each goal section of the Comprehensive Plan which provides overarching strategic policy direction for the following areas: 1. General Development 2. Economic Resources 3. Housing 4. Infrastructure and Services 5. Water Resources 6. Wildlife 7. Sensitive Lands 22 06/14/2016 8. Environmental Quality General Development Policies: The property in its current state is accurately described as"underdeveloped, outdated,rundown, or otherwise dysfunctional"as provided for in Policy G of the General Development Policies, which states, "Redevelopment and/or revitalization of currently underdeveloped,outdated,rundown, or otherwise dysfunctional areas should be encouraged"and development should be encouraged. According to the Applicant, development proposals for the property have ranged from one-to-three very low density single-family"estate-style" compound(s)to a 90+unit multifamily apartment or condominium development. There are pros and cons of both scenarios,but in the Applicant's opinion,the proposed development represents a compatible compromise that satisfies the maximum number of policy objectives of the Comprehensive Plan. Economic Resources Policies: The property, in its current state, is already improved and is not natural habitat or an existing agricultural use. The uses on the property, including an auto shop and storage lot,are no longer in harmony with the single-family and duplex residential, school and open space uses that have grown around and now surround the property. The existing uses of the property would be more suitable in a commercial or industrial zoned area of the community and the relocation of these businesses will not have a material impact on the Eagle County economy. Housing: As stated earlier,per the Eagle County Affordable Housing Guidelines,the applicant has two options in which to satisfy the Housing Guidelines.The first is to have all nine lots subject to the resident occupied deed restrictions including a .67%transfer fee for non-eligible households. These deed restrictions will be for a term of 50 years with an extension of an additional 50 year period subject to Board of County Commissioners approval. The second is that the applicant can provide enough affordable housing credits to satisfy the affordable housing requirements.These credits must be provided prior to receiving a building permit for any lot on the property. Staff has provided a Condition of Approval in regards to the Housing Guidelines. Infrastructure and Services: The ECO Trails system is located north of the property, separated by the railroad right of way, and immediately adjacent to the east of the property. The Miller Ranch Road WB and Miller Ranch Road EB ECO bus stops are located approximately 500 feet south of the property. There is an opportunity with this project to improve the connections to the trail system and improve walkability by allowing pedestrian access across this property for the adjacent neighborhood. This aligns the Comprehensive Plan and current Safe Routes to School project to improve access to the nearby schools. Based on review for preliminary planning purposes,the adjacent utilities are sufficient to accommodate the nine(9) single-family residential units and are located at multiple connection points within close proximity of the property. Water Resources: The property includes frontage along the Eagle River and the existing commercial uses and site development standards of the property are outdated with nearly nonexistent environmental protections for this sensitive area.The absence of any existing environmental protections is compounded by a gravel terrace that is prone to dust and/or sediment runoff. In contrast,the proposed Anglers PUD includes a comprehensive grading/drainage plan and landscape plan that are designed to mitigate the environmental impact of runoff and limit erosion. Moreover,the proposed Anglers PUD would be served by district water and sewer and the existing septic tanks and leach fields would be replaced.The proposed Anglers PUD also maintains a stream setback, and the PUD Guide seeks to restore and perpetually protect the sensitive area adjacent to the Eagle River. Wildlife: The developable portion of the project consists primarily of a minimally vegetated gravel terrace above the Eagle River.The wildlife habitat of the property has been degraded due to the historic use and development of the property as an auto shop and storage lot. In addition,the property has been partially isolated by the surrounding US HWY 6 to the south,the railroad tracks and I-70 to the north and adjacent developments. The transitional hill between the gravel terrace above and the Eagle River below has been largely cleared, although mature trees and a narrow riparian area are located immediately adjacent to the Eagle River. The stream setback of the proposed Anglers PUD should limit development within this area. Once again, staff is requesting the removal of fire pits and hot tubs as a condition of approval. 23 06/14/2016 Sensitive Lands: The property is not located in any geologic hazard areas as delineated within the Eagle County Geologic Hazard Maps and based on a preliminary analysis for planning purposes there are no geologic conditions that would preclude development of the proposed Anglers PUD. The Geologic Reports makes certain findings and recommendations including the need for site specific, design related mitigation to be incorporated into final design and construction details. The State of Colorado Geologic Survey has provided comments; specifically CGS had concerns about the slope stability along the Eagle River.The Applicant for the original Anglers PUD had committed to site specific geologic studies,mitigation and design for all building types. Final plats shall include plat notes that require such studies. This has been provided as a Condition of Approval. Environmental Quality: The proposed Anglers PUD will improve the air quality of the property and surrounding area by eliminating the existing gravel terrace that is prone to dust and replacing it with a comprehensive grading, drainage, and landscape plan.All lighting of the proposed Anglers PUD will be directed downward and/or shielded in compliance with the regulations of Eagle County.Noise emanating from the property from the current auto mechanic shop and storage lot is expected to be reduced as a result of the less-intensive single-family residential uses of the proposed Anglers PUD. Edwards Area Community Plan(2003) The proposed Anglers PUD consists of nine(9) single-family residential units and satisfies the density policies of the Edwards Area Community Plan. Specifically, on a gross density basis,the nine(9)single-family residential units of the proposed Anglers PUD are sufficiently below the total of sixteen(16)units potentially identified for the property based on the Edwards Area Community Plan's policy of gross density of four(4)or less units per acre (4.05 gross acres x 4 units/acre= 16.20 total units). On a net density basis,the nine(9) single-family residential units are still sufficiently below the total of seventeen(17)units for the property based on the Edwards Area Community Plan's policy of net density of six(6) or less units per acre(2.94 acres developable land x 6 units/acre = 17.64 total units) STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e(12)]—The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25%of the total PUD area shall be devoted to open air recreation or other usable open space,public or quasi public. In addition, the PUD shall provide a minimum of ten (10)acres of common recreation and usable open space lands for every one thousand (1,000)persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty(30)percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred(100)year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. 24 06/14/2016 (f) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation)shall be mandatory for all landowners within the PUD. Staff Response: Full Conformance with Conditions Due to the fact the Applicant is proposed to reduce common area open space, a PUD Amendment was required. The reduction in open space/common area is by 2,685 square feet to accommodate the new road alignment and to ensure the lots still meet minimum lot sizes. The Open Space Requirement is still being met. Staff has added a Condition of Approval that the association or nonprofit corporation be established prior to the sale of any lot within the PUD to be in compliance with this standard. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e(13)]—The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Staff Response: Full Conformance with Conditions As part of the different Planning Areas within the PUD,the Applicant has proposed greater resource protection the closer the development gets to the Eagle River. Once again,staff and referral agencies are not in support of fire pits and hot tubs adjacent to the Eagle River in the Secondary Stream Setback. The Applicant has agreed to remove fire pits and hot tubs from the Secondary Stream Setback. OTHER APPLICABLE STANDARD(S)FOR PUD PRELIMINARY PLAN: Pursuant to Section 5-240.F.2.a.(15): 15. (a) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned(e.g. market study). This is not applicable to this project.No commercial or industrial elements are being proposed in the PUD Guide. b) Proposed schedule of development phasing.This is not applicable to this project.No phasing is being proposed in the PUD Guide. (c) Statement as to the impact of the proposed PUD upon the County school system.While the Eagle County School District did not provide any comments for PUD Amendment application,the previous referral comments are still applicable since the Condition of Approval has yet to be completed. Specifically,the referral letter from the Eagle County School District on the Anglers PUD from August 2015 stated: "The District concurs with the applicant's proposal to provide cash-in-lieu of land school dedication. The District also agrees the nine proposed homes equate to a land dedication of.1359 acres (as per based Section 4-700 A. 1. of the County's Land Use Regulations). The applicant proposed a cash-in-lieu dedication of$25,855.23. This figure is based on a proposed land valuation of$190,251.85/acre that was derived from the property's assessed valuation of $770,520(from Eagle County Assessor's Office). According to the County's Land Use Regulations, land valuation is to be determined based on an appraisal of the land to be platted. The appraisal is to be of the "current full market value of the land area to be platted"and that the `full market value shall 25 06/14/2016 be based on anticipated market value after completion of platting". The appraisal is to be completed no more than six months prior to the date of application for the final plat. The District would ask that if this Sketch/Preliminary Plan application is approved, that a condition of approval be that the determination of land value is to be done in accordance with the provisions of the County's Land Use Regulations and that the land valuation and amount of the school land dedication be determined prior to or as a part of the final plat process." (d) Statement of estimated demands for County services; This is not applicable to the project. (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; This is not applicable to the project. (f) Conceptual site plans, and conceptual architectural plans.A detailed site plan, landscape plans,and circulation plans have been provided. Conceptual architectural plans were not provided by the Applicant. (g) Proposed method of fire protection.Including information demonstrating a legal, adequate water supply for firefighting purposes.Eagle River Water and Sanitation District has provided a "Commitment to Serve"letter for the project during the August 2015 approval. The Eagle River Fire Protection District concerns have been addressed through the Conditions of Approval. (h) Employee housing plan. The Local Resident Housing Guidelines have been applied and the Housing Plan meets the Guidelines.This has been addressed through the Conditions of Approval. Recommendation: Approval,with Conditions Based upon a thorough analysis of the Amendment to a Preliminary Plan for a Planned Unit Development Standards by County staff and key external agencies, and taking into consideration the project's overall conformance with applicable standards, staff is recommending approval of the request,with conditions. Specifically, staff believes that the proposal addresses a preponderance of applicable master plan goals,policies and strategies. Additionally, staff believes the proposal meets, or can meet(if properly conditioned) all required standards and findings necessary for the approval of the PUD Amendment as well as associated variation requests. As such, staff recommends the following conditions crafted specifically to address outstanding issues,variations to improvement standards,and suggested modifications to the plans in order to achieve a higher level of conformance with regard to certain standards. IV. PLANNING COMMISSION COMMENTS: • Commissioner Warner believes the Standards for Approval are being met,but wants the sidewalks and the sidewalk easement removed and suggested the Applicant put in sidewalks to the Open Space Parking Lot from Miller Ranch Road. • Commissioner Moffet believes the sidewalks would be detrimental to the character of the neighborhood and wants no requirements for sidewalks in the neighborhood. • Commissioner Knauf does not believe the sidewalks are important to the development. He was in support of the removal of fire pits and hot tubs in the Secondary Stream Setback. • Commissioner Runyon does not believe the community should be gated because it is not compatible with the surrounding neighborhood. He also did not see a need for sidewalks.He agreed with moving the parking lot from the Berry Creek/Miller Ranch Open Space to the Anglers PUD Property. 26 06/14/2016 • Commissioner Sage agrees with moving the parking lot from the Berry Creek/Miller Ranch PUD Property to the Anglers PUD Property.He believes removing sidewalks and sidewalk easements creates a better neighborhood. V. SUGGESTED CONDITIONS OF APPROVAL: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Prior to the recording of the Planned Unit Development Guide(PUD)with the Resolution of Approval,the PUD Guide shall be amended to exclude fire pits,portable fire pits, and hot tubs from the Secondary Stream Setback. The PUD Guide shall state, "Home structures and related foundations and roof overhangs over 24 inches are prohibited,provided permeable decks, permeable patios, and deck cassons and footers are permitted." The following language shall also be added to the PUD Guide in regards to the drainage easements between the homes adjacent to the Eagle River, "The purpose of the drainage easements centered on the property lines between each of the river lots is to allow for multiple dispersed shallow drainage swales to convey surface runoff generated from the new street and lots above and to provide necessary drainage away from constructed units. The drainage plan intent is to maintain multiple low-flow discharge points in lieu of combining all the runoff into one or two large discharges. The easements between the homes define the area in which the drainage must be conveyed. The drainage route should be constructed and maintained as drainage swales utilizing terracing and landscaped retention design as necessary to facilitate natural infiltration and impedance of large stormwater events. Landscape features and retaining walls designed in harmony with the purpose of the drainage plan are permitted within these easements. Non permeable surfaces are not allowed within the drainage easement except for roof overhangs 24"in length or less." 3. For purposes of calculation of the fee-in-lieu of school land dedication,the determination of land value is to be done in accordance with the provisions of the County's Land Use Regulations and the land valuation and amount of the school land dedication shall be determined prior to or as a part of the final plat process for Anglers PUD. 4. The developer of the Anglers PUD(the"Developer")and/or Anglers PUD homeowners' association(the"Anglers HOA")is responsible for construction and maintenance of all improvements for the Anglers PUD including,but not limited to,roadway improvements and traffic control devices. The Developer and/or Anglers HOA is additionally responsible for the construction of all six parking spaces in the Parking Lot and maintenance of all six of the parking spaces in the Parking Lot. 5. The owner of the Property shall grant a permanent public access easement along the entire width of Anglers Way from Miller Ranch Road extending to 20"west of the western most parking space in the Parking Lot(the"Public Access Easement"). The Access Easement shall be made available for pedestrian and vehicular access and for the use and enjoyment of the public. The Public Access Easement shall be depicted on the Final Plat for Anglers PUD. The Public Access Easement shall be incorporated into an easement agreement,which shall be executed by the owner of the Property 27 06/14/2016 prior to approval of the Final Plat for Anglers PUD. 6. The owner of the Property shall grant an emergency access easement to align with the platted emergency access easement depicted on the Final Plat for Miller's Creek PUD, recorded at Reception No. 665173,prior to approval of the Final Plat for Anglers PUD. The Anglers PUD emergency access easement shall be depicted on the Final Plat for Anglers PUD. The Developer shall construct and maintain,within that emergency access easement, a gated access road to accommodate the Eagle River Fire Protection District's emergency service vehicles. The materials to be used for construction of the access road and the width of the access road shall meet the specifications of the Eagle River Fire Protection District. The Developer shall confer with the Eagle River Fire Protection District to determine the width of the access road,the materials to be used in construction of the access road and the type of Knox Box and gate to be used between the Miller's Creek PUD and Anglers PUD developments prior to construction of the access road. Adjacent to the Emergency Access, a sign shall be installed identifying emergency access and prohibiting obstruction of the emergency access. 7. The Developer shall submit complete designs for roadways and sidewalks within Anglers PUD (construction plans) simultaneously with the application for the Final Plat for Anglers PUD. The Eagle County Engineer will determine if the construction plans are adequate prior to approval of the Final Plat for the Anglers PUD. 8. The Developer shall design, grade and construct at its sole expense and to County specifications a six space public Parking Lot(the"Parking Lot")within the Anglers PUD. The Parking Lot shall be constructed at the earlier of(a)the issuance of the ninth building permit of the Anglers PUD; or(b) twenty-four months after the issuance of the first building permit of the Anglers PUD. The location of the Parking Lot, the plans for the Parking Lot and the materials to be used in construction of the Parking Lot shall be approved by the Eagle County Engineer and the Eagle County Open Space Director prior to approval of the Final Plat for Anglers PUD. The Parking Lot shall not be used by Anglers PUD for overflow or guest parking. 9. The Applicant and/or Developer shall grant a permanent easement for the location of the Parking Lot on PUD Property prior to the approval of the Final Plat for the Anglers PUD (the"Permanent Easement"). The Permanent Easement shall also include a natural surface trail to be constructed by the PUD Developer and/or the Anglers HOA to County specifications(the"Trail"). The Trail shall begin at the Parking Lot,traverse through the PUD Property and the Open Space Property and end at the Eagle River. The plans for the Trail and the materials to be used in construction of the Trail shall be approved by the Eagle County Engineer and the Eagle County Open Space Director.The Trail shall be available for and is for the use and enjoyment of the public.The Trail shall be constructed at the earlier of(a)the issuance of the ninth building permit of the Anglers PUD; or(b) twenty-four months after the issuance of the first building permit of the Anglers PUD. The Permanent Easement shall be depicted on the Final Plat for Anglers PUD. The Permanent Easement shall be incorporated into an easement agreement, which shall be executed by the owner of the Property prior to approval of the Final Plat for Anglers PUD. 10. The owner of the Property shall grant a pedestrian and vehicular access easement across the PUD Property for ingress and egress from the Parking Lot to the Berry Creek/Miller Ranch Open Space Property for the maintenance and management of the Open Space Property by the County. (the "County Access Easement"). The County Access Easement shall also be depicted on the Final Plat 28 06/14/2016 for Anglers PUD. The County Access Easement shall be incorporated into an easement agreement which shall be executed by the owner of the Property prior to approval of the Final Plat for Anglers, PUD.No roads shall be installed from the PUD Property to the Berry Creek/Miller Ranch Open Space Property. 11. The PUD Developer and/or the Anglers HOA shall construct a sidewalk within the Permanent Easement from the east end of the Parking Lot to the sidewalk at Miller Ranch Road. The sidewalk shall be an attached sidewalk and shall be the same width as the sidewalk on Miller Ranch Road. The sidewalk shall be constructed simultaneously with the Parking Lot. 12. A Subdivision Improvements Agreement shall be executed at the time of approval of the Final Plat for the Anglers PUD for work associated with the improvements for Anglers PUD, including but not limited to the roadway improvements,traffic control devices,the sidewalk,the Trail, and the Parking Lot.The Developer shall provide collateral in the form of a letter of credit acceptable to the County Attorney's Office in the amount of the estimated cost of construction of said improvements. 13. The Applicant, its designee,the Developer, or the owner of the Property shall cause the Property to be cleared of all nonconforming uses within nine(9)months from the date of approval of the PUD, and no later than May 25,2016. 14. The owner of the Property shall grant a sportsman easement to Eagle County on that part of the Property which encompasses the northern portion of the Eagle River bottom from the surveyed southern boundary of the Anglers PUD Property in the Eagle River to the high water mark of the Eagle River. The sportsman easement shall be for the benefit and use of the public for fishing and rafting the Eagle River,including standing on the river bottom as it traverses through the surveyed boundary of the Anglers PUD Property. No member of the public shall have any right to access such sportsman easement across any other Anglers PUD Property. The sportsman easement shall be granted prior to approval of the Final Plat for Anglers PUD and shall be depicted on the Final Plat for Anglers PUD. The Applicant acknowledges that the portion of the Eagle River bottom from the center of the Eagle River to the south is private property owned by Riverstone Subdivision, as depicted in the Amended Final Plat for Riverstone, at Reception No. 881628,and is not subject to use by the public under said sportsman easement. 15. Within three months of completion of construction of the Parking Lot,the Developer shall have a sign created and installed, at its expense,which visually depicts at a minimum a survey accurate map of the Anglers PUD sportsman easement relative to the Riverstone PUD property.The Developer shall cause the sign to be installed adjacent to the Parking Lot.The sign shall state that the south portion of the Eagle River bottom is private property and that users of the Anglers PUD sportsman easement shall remain within the easement area. The Developer or the Anglers HOA shall reimburse the County for annual maintenance of the sign upon receipt of an invoice for the same. The Developer shall consult with the Eagle County Open Space Department regarding the size, design and location of the sign prior to installation of such sign by the Developer.The sign shall be double-sided, so as to be visible from the Eagle River and the Parking Lot on the Open Space Parcel. 16. The Developer shall adhere to one of the two following options to satisfy the Eagle County Affordable Housing Guidelines: (1)all nine lots in the Anglers PUD shall be subject to the Eagle 29 06/14/2016 County's "Resident Occupied For Sale Housing"deed restrictions, including a 0.67% (two-thirds of one percent)transfer fee for"non-Eligible Households"(as the terms"Resident Occupied For Sale Housing"and"non-Eligible Households"are defined in the Eagle County Affordable Housing Guidelines and Administrative Procedures)as amended on May 14, 2014. These deed restrictions shall be for a term of 50 years with an extension of an additional 50 year period subject to Board of County Commissioners approval; or(2)the Developer shall provide enough affordable housing credits to satisfy Eagle County's affordable housing requirements,pursuant to the provisions of the Eagle County Affordable Housing Guidelines and Administrative Procedures as amended on May 14, 2014.These credits shall be provided to the County prior to the Developer receiving a building permit for any lot on the Anglers PUD Property. 17. Information concerning site-specific groundwater levels shall be required at the time a building permit application is submitted for any lot in Anglers PUD and, if shallow groundwater is found to preclude full-depth basements,then site-specific analyses showing that a proposed lot is not exposed to a slope stability hazard shall be required prior issuance of a building permit. 18. Site-specific geotechnical reports shall be required at the time a building permit application is submitted for any lot in Anglers PUD. 19. The Anglers HOA shall be established prior to the sale of any lots or units within Anglers PUD. The Anglers HOA shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land.Membership in the Anglers HOA shall be mandatory for all landowners within the PUD. 20. In accordance with the waiver granted by the Community Development Director,a Detailed Landscape Plan as defined in Section 4-220.0 of the Eagle County Land Use Regulations shall be provided for review with the application for Final Plat. 21. The following note is required on the Final Plat for Anglers PUD: "Site Development: Site designs were not submitted for review of compliance with Eagle County Site Development Standards. Prior to the issuance of any building permits for the parcels created by this plat,the owners shall demonstrate to the County Engineer the site plan complies with all Eagle County Site Development Standards. If the Site Development Standards cannot be met, a Variance from Improvement Standards shall be obtained. There is no guarantee of a variance approval. The final decision by the County Commissioners will weigh the hardship of the applicant versus the impact to public safety." V. SITE DATA: Future Land Use Map Designation The property is not located within any of the 13 specifically identified sites with high probability for development pressure over time. However,the property is identified on the Future Land Use Map as"Residential Medium Density,"with net density per acre of 6 units or less and gross density per acre of 4 units or less. Surrounding Land Uses/Zoning: 30 06/14/2016 Surrounding,Land Uses/Zoning: North: Roadroad Resource South: Residential PUD Residential RSL East: Open Space PUD West: Residential PUD Residential Resource l Existing Zoning: Resource Proposed Zoning: Planned Unit Development(PUD) The existing improvements of the property consist of a single-family residence(1,024 sqft), Current Development: garage(1,848 sqft)and other miscellaneous improvements(e.g.,shed,fence,etc.).There is a well and septic system. The proposed developable portion of the property consists primarily of a flat terrace located approximately 20 feet above the Eagle River. The proposed developable portion of the Site Conditions: property consists of existing improvements located primarily on a gravel terrace with minimal vegetation. The transitional hillside between the terrace above and the Eagle River below has been mostly cleared, with the exception of the mature trees and narrow riparian _ area immediately abutting the Eagle River. Total Land Area: Acres: 4.05 Square feet: 176,418 Total Open Space Acres: 2.08 Percentage: 51% Usable Open Space: Acres: 1.11 Percentage: 27% Water: public. Eagle River WaterPrivate: N/A _ and Sanitation Sewer: Public: Eagle River Water Private: N/A and Sanitation Access: Miller Ranch Road VI. REFERRAL RESPONSES: Please see referral comments and the Applicant's Response in the Attachments. Referral comments were provided by the following agencies and are attached to the staff report: 1. Colorado Parks and Wildlife 2. Colorado Geological Survey 3. Eagle County School District 4. Eagle River Watershed Council 5. Edwards Community Authority 6. Edwards Metro Board 7. Eagle County Housing Department 8. Eagle River Water and Sanitation District VII. EAGLE COUNTY BOARD OF COMMISSIONERS OPTIONS: 1. Approve [File No.PDA-60281 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 the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans), 31 06/14/2016 2. Deny [File No.PDA-60281 if it is determined that the proposal will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 3. Table [File No.PDA-6028] if additional information is required to fully evaluate the application. Give specific direction to the applicant and staff. Suggestion Motions: PROPOSED MOTION: TO APPROVE PUD AMENDMENT:: I hereby move to approve File No. PDA-6028, incorporating staff's findings and staff's conditions,because the application, as conditioned,meets all of the standards for approval of an amendment to a planned unit development. Staffs conditions as amended. PROPOSED MOTION: TO DENY REQUEST FOR PUD AMENDMENT: I hereby move to deny File No. PDA-6028,because the proposal does not meet the standards for approval of an amendment to a planned unit development. DISCUSSION: Commissioner Ryan disclosed that her husband,Taylor Ryan was the county engineer assigned to the file. This would not impact her decision making. Ms. Valdez provided some background on the property and presented a vicinity map.The applicant was requesting to amend the PUD document. The amendments included a lot line adjustment,road re-alignment,a decrease in the common area,moving the parking lot from the open space parcel, adding fire pits and hot tubs to permitted uses in the secondary stream setback and reduction in the sidewalk easement. She indicated that the amendments were in conformance with all the standards. Adjacent property owners had been notified. Mr. Ryan discussed the variations to improvement standards. The variations included a reduction of right- of-way(ROW)and not being required to construct sidewalks. A 30 foot ROW was approved originally with sidewalk easements on either side of the road. The Planning Commission(ECPC)recommended removing easements with inclusion of additional public improvements. The applicant and staff agreed with the recommendation. Staff believed sidewalks were important for the safety of pedestrians,provided access to the trail network, and encouraged pedestrian activity and walkability. The ECPC recommended removing sidewalks with inclusion of additional public improvements. The proposed public improvements included six(6) spaces in the Open Space Parking Lot, constructing a sidewalk from Miller Ranch Road, and constructing a natural trail from the parking lot to Eagle River. Staff accepted the variance request. Ms.Valdez indicated that staff was recommending approval with the proposed conditions. She reviewed the recommended conditions. The applicant had agreed to the proposed conditions located on page 29—37 of the staff report. Ms. Ayres -Oliver stated that condition five(5),nine(9), and ten(10)referred to access. She was working to incorporate the conditions into one(1) and finalize the language. She was adding a catch all condition the addressed the access easement. She suggested pulling a sentence out of the easement agreement and adding it to one of the conditions. A deed restriction rather than a plat note on condition 16 would also be amended to clarify the housing requirement. Rick Pylman and Rick Hermes were present on behalf of the applicant. Mr. Pylman stated that Mr. Hermes' company recently purchased the Anglers PUD project and was requesting some minor changes. They were in agreement with all the conditions of approval. There were no changes proposed to the secondary stream setback or PUD guide document. Chairman McQueeney asked about the primary and secondary stream setback. 32 06/14/2016 Ms.Valdez explained that per the Land Use Regulations a 75 ft. stream setback was required. During the original hearing the applicant wanted to do basements. The primary stream setback was 50 ft. from the high water mark and anything beyond that was a secondary stream setback. Mr. Ryan stated that this type of setback allowed more uses than what was typically permitted. Commissioner Chandler-Henry complimented staff for protecting the sensitive river ways and believed that removing the sidewalks was good for the river. Moving the parking lot looked like a good public benefit. Commissioner Ryan believed there were some nice improvements and believed the variances made sense. Chairman McQueeney opened public comment. Mike Cacioppo expressed concern for Commissioner Ryan's comment that her husband was an engineer on the project and wondered whether this was a violation of C.R.S. 24-18-105. Commissioner Ryan clarified that her husband was a county engineer. Chairman McQueeney closed public comment. Chairman McQueeney stated that although there were substantial changes there were public benefits. The request met the standards and was in conformance. Commissioner Chandler-Henry moved to approve File No. PDA-6028, incorporating staff's findings and staff's conditions as amended,because the application,as conditioned,meets all of the standards for approval of an amendment to a planned unit development. Commissioner Ryan seconded the motion. The vote was declared unanimous. El Jebel Community Center 20 Eagle County Drive El Jebel, Colorado Absent: Commissioner Chandler-Henry 14. ZS-6027 Crawford Mobile Home Park Consolidated Special Use Permit Sean Hanagan,Planning Richard Davies, Engineering Adam Palmer, Sustainable Communities Robert Hubble,Applicant Doug Pratte-The Land Studio,Representative Note: To be tabled to July 19,2016 Action: Review of a consolidated special use permit for expansion of the El Jebel Mobile Home Park. Location: Gillespie Drive, El Jebel Area Commissioner Ryan moved to table file no. ZS-6027 Crawford Mobile Home Park Consolidated Special Use Permit until July 19, 2016. Commissioner McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 15. 1041-6026 Crawford Mobile Home Park Expansion 1041 Permit Bob Narracci,Planning Ray Merry,Environmental Health Crawford Properties,Applicant Chris Lehrman, SGM Note: To be tabled to July 19,2016 33 06/14/2016 Action: Approval of Mid Valley Metropolitan District's domestic water and wastewater treatment systems to serve the proposed El Jebel Mobile Home Park Expansion. Location: Gillespie Drive, El Jebel Area Commissioner Ryan moved to table file no. 1041-6026 Crawford Mobile home Park Expansion 1041 Permit unit July 19,2016. Commissioner McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 16. ZS-5995 Consolidated Special Use Permit Challenge Aspen Sean Hanagan,Planning Richard Davies, Engineering Adam Palmer, Sustainable Communities Dallas Blaney,Applicant/Representative Action: Review of a consolidated special use permit for an educational resort recreation facility on the Whispering Winds Ranch Location: Frying Pan Road, El Jebel Area FILE NO./PROCESS: ZS-5995, Consolidated Special Use Permit PROJECT NAME: Challenge Aspen LOCATION: Frying Pan Road OWNER: Challenge Aspen APPLICANT: Dallas Blaney REPRESENTATIVE: Same STAFF: Sean Hanagan-Planning Richard Davies- Engineering Adam Palmer- Sustainable Communities POLICY ISSUE: The policy question is whether or not the Eagle County Permit Authority should approve this application. STRATEGIC PLAN "Eagle County Promotes a Diverse and Resilient Economy" GOAL: RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY: The Applicant requests review of a Consolidated Minor Special Use Permit for an Educational Resort Recreation Facility on the subject property known as the Whispering Winds Ranch. The Applicant owns a total of approximately 136 contiguous acres as Part of the Waters Subdivision. The goal of the property is to develop a wilderness retreat experience for Veterans and people with disabilities. The proposal includes; primitive camping (12 tents), stocked fishing ponds, a climbing tower, ropes course, and a trail system for hiking and hand cycling. This facility is to be operated seasonally as to not conflict with wildlife.No permanent structures are proposed with this application and a shuttling system will be used to transport attendees. Process Overview This is a review of a Consolidated Special Use Permit. The purpose of the Special Use Permit is as follows: Section 5-250 (p. 5-51)of the ECLURs states: 34 06/14/2016 "Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and!i the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section." Pursuant to the ECLURs (p. 5-52), the Planning Commission's role during the review of the Special Use Permit is as follows: "After receipt of the Staff Report, the Planning Commission shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application for a Special Use Permit based on the standards in Section 5-250.B, Standards. (am.05/08/12)" And, pursuant to Section 5-250.0 - Variations Authorized, ECLURs, the Board of County Commissioners may, following a recommendation by the Planning Commission, grant variations to dimensional limitations and site development standards as part of its review of a special use permit. According to Section 5-250.D - Basis for Granting Variations,the following purposes may be considered when granting a variation: "These variations may be granted when the Board of County Commissioners finds, with recommendation from the.Planning Commission, that the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. (am 05/08/12) 1. Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other structures in the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit and the surrounding area, yet shall avoid uniformity of design. Residential and non- residential uses may be mixed together. Various types of residential uses may also be combined within the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit, to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection; to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20)feet between buildings shall be considered the minimum appropriate spacing. 2. Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. 3. Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings "wet"water into the Upper Eagle River Basin. 35 06/14/2016 4. Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi-use trail system, in accordance with the recommendations of the latest version of the Eagle County Trails Plan or Mid Valley Trails Plan, or to provide appropriate forms of access (including summer and winter parking areas and trailheads) to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed. Trails standards are identified in Section 4-630.A. S. Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. 6. Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities or private commercial facilities which will provide a public benefit, including but not limited to public transportation facilities, public recreation facilities, commercial structures and similar facilities. The facilities shall be facilities that meet the demands of residents and visitors to Eagle County. 7. Land Preservation. A variation may be allowed that extends an incentive to applicants to assure preservation in perpetuity of lands of high conservation value." Conformance to Special Use Permit Standards Staff believes the proposal meets, or can meet as conditioned, all applicable standards for a Consolidated Special Use Permit. Therefore, staff is recommending approval,with conditions. The following matrix summarizes staff's suggested findings, as well as a brief discussion regarding outstanding issues and/or suggested conditions. Standard Conformance Discussion Conformance with the Yes The proposal was reviewed in context to the Mid Comprehensive Plan: The proposed Valley Area Community Plan and found to be in Special Use shall be in substantial substantial compliance with a preponderance of conformance with the Eagle County applicable policies and goals. The proposal seeks to Comprehensive Plan, Area maintain the rural nature of the property by Community Plans and any applicable restricting traditional development or subdivision. ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Compatibility: The Special Use is Yes The project is in keeping with the rural and generally compatible with the Backcountry nature of the surrounding area. The existing and currently permissible Project requires no permanent infrastructure nor any future uses of adjacent land and permanent structures. The intensity of use is other substantially impacted lands, proposed to be less impactful than a single family services, or infrastructure home with regard to traffic and year round improvements. occupancy. Zone District Standards: The Yes The proposed uses have been generally planned to be proposed Special Use shall comply compliant with zone district standards for Resource with the standards of the zone (R)zoning. The only deviation from standards would district in which it is located and any be the height of the climbing tower that would be standards applicable to the higher than the 35' max height of structures in 36 06/14/2016 particular use, as identified in Resource zoned areas. This tower is not visible from Section 3-310, Review Standards Frying Pan Road. Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330,Review Standards Applicable to Particular Commercial and Industrial Uses. Design Minimizes Adverse Impact: Yes The project has been designed to minimize adverse The design of the proposed Special impacts on adjacent lands and staff believes the Use shall reasonably avoid proposal meets this standard. adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Design Minimizes Environmental Yes Staff believes that the proposal will not cause Impact: The proposed Special Use significant impacts to water, air, wildlife or other shall minimize environmental natural resources. The lack of permanent structures impacts and shall not cause and seasonal use will help to minimize disruptions to significant deterioration of water and wildlife as well as nearby waterways. air resources, wildlife habitat, scenic resources, and other natural resources. Impact on Public Facilities: The Yes Staff believes the rural nature of the site impacts few proposed Special Use shall be public facilities. Road impact fees for the use have adequately served by public facilities been calculated and instituted. The Eagle County and services, including roads, Sheriffs Office has recently increased its staffing and pedestrian paths, potable water and staff feels that this additional deputy will be wastewater facilities, parks, schools, sufficient to offset the need created by this police and fire protection, and development. emergency medical services. Site Development Standards: The Yes The project is designed to adhere to appropriate proposed Special Use shall comply (applicable) standards from Article 4. Specifically, with the appropriate standards in parking and loading areas have been or can be Article 4, Site Development provided for on-site; roadway standards and impact Standards. fees have been applied and/or considered; and lighting, water, and sanitary sewer standards have been addressed. II. STAFF FINDINGS AND RECOMMENDATION: Staff is recommending approval of this application, with conditions, based on a finding that the proposed Consolidated Special Use Permit, as conditioned, meets or can meet all applicable standards of the Eagle County Land Use Regulations. The following specific standards apply to the review of any Special Use Permit: 37 06/14/2016 Special Use Standards Specifically, the following excerpts from Section 5-250 B — Standards, ECLURs provide direction regarding the intent and necessary findings for the approval of any Special Use Review, as well as the specific standards for Resort Recreation Facility and variations to improvement standards that are to be addressed. 1. Consistent with Comprehensive Plan. The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Staff Response: Staff believes the proposal is in substantial conformance with all applicable plans and adopted policy documents. Specifically, the proposal was reviewed against relevant guiding policies, goals, and recommended implementation strategies of the Eagle County Comprehensive Plan and, specifically,the Mid Valley Area Community Plan. The property is identified within the Mid Valley Area Community Plan Future Land Use Map (FLUM) as "Rural Agriculture". The current underlying zoning also supports the proposal's use and dimensional limitations other than height of the climbing tower.. Eagle County Land Use Regulations require a Special Use Permit for this proposed use in the this zone district. 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted lands, services, or infrastructure improvements. Staff Response: Staff believes the proposal is compatible with existing rural/public lands uses and densities surrounding the subject property. Further, staff believes the proposed design and scale of the proposed use will have minimal impacts on land, services, or infrastructure in the area. 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3- 330,Review Standards Applicable to Particular Commercial and Industrial Uses. Staff Response: Staff believes the proposal is in substantial conformance with the specific standards for the Zone District Standards pertaining to Resort Recreation Facilities (3-310 V, 1) . The applicant proposes to limit the use to 12 tents. The current underlying zoning will also accommodate the proposed dimensional limitations. From ECLUR Section 3-310 V, 1 V. Resort Recreational Facility.Where a resort recreational facility provides accommodations,the maximum number of accommodations shall be limited as follows: 1. Resource (R) Zone District.Twelve(12) dwelling units or forty-eight (48)beds of visitor capacity may be allowed in the Resource(R)zone district. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Staff Response: 38 06/14/2016 Staff believes the proposal, as conditioned, meets or can meet this standard. The project has been designed to minimize adverse impacts on adjacent lands and staff believes the proposal meets this standard. The undeveloped nature of this proposal helps to minimize impacts to the adjacent lands. S. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Staff Response: Staff believes that the proposal will not cause significant impacts to water, air, wildlife or other natural resources. The proposal has been designed to minimize impacts to the wildlife and other natural resources including wetlands. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads,pedestrian paths,potable water and wastewater facilities,parks, schools,police and fire protection, and emergency medical services. Staff Response: Staff believes the site is or can be adequately served by public facilities such as water, sanitary wastewater treatment/disposal, and emergency services. The Town of Basalt has expressed concerns for deficiencies in law enforcement created by this development. The Eagle County Sheriffs Office has recently increased its staffing and staff feels that this additional deputy will be sufficient to offset the need created by this development. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Staff Response: Staff believes the proposal meets this standard. Specifically, access and parking have been designed to meet the requirements of Article 4, Recommendation: Approval,with Conditions Based upon a thorough analysis of the Consolidated Special Use Permit by County staff and key external agencies, and taking into consideration the project's overall conformance with applicable standards, staff is recommending approval of the request,with conditions. III. PLANNING COMMISSION RECOMMENDATION: At their regularly scheduled hearing on May 19 the Roaring Fork Regional Planning Commission voted 4:1 to recommend approval of this Special Use Permit to the Board of County Commissioners. The dissenting vote came from Commissioner Glasier. She explained her vote as she has made a commitment not to approve any type of development on the Frying Pan road based on its current condition of the road and its traffic impacts. The Applicant responded by comparing the proposed use to 3 single family homes (allowed by zoning)and indicating that the use would have a substantially smaller impact with regard to traffic. IV. SUGGESTED CONDITIONS OF APPROVAL: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The Applicant shall incorporate the list of BMP's contained in Perry Will's letter dated March 25, 2016. 3. No activity on the property shall commence prior to June 15th of each year to minimize impacts to Elk. V. SITE DATA: 39 06/14/2016 Future Land Use Map Designation The property is located within the Rural Agriculture designation within the Mid Valley Area Community Plan Future Land Use Map(FLUM).. Surrounding Land Uses/Zoning: North: Public Lands Resource Preservation(RP) South: Ag/Residential Resource(R) East: Public Lands Resource Preservation(RP) West: Public Lands Resource Preservation(RP) Existing Zoning: Resource(R) Proposed Zoning: Resource(R) Current Development: Vacant land Site Conditions: Total Land Area: Acres: 136 Square feet: Total Open Space Acres: 136 Percentage:; 100% Usable Open Space: Acres: Percentage: Water: Public: Private: Sewer: Public: Private: Access:" Direct access to publically maintained County road(Frying Pan Road) VI. REFERRAL RESPONSES: A referral was sent to Forty-Two (42) different County departments and/or external public agencies for review on March 9, 2016. Staff received formal,written responses from the following entities: Eagle County Engineering Department-Richard Davies, Senior Staff Engineer,provided formal written comments on February 3, and again on March 11, 2016(Attached). Colorado Parks & Wildlife Division - Perry Will, Regional Manager, provided formal comments on March 25, 2016 (Attached). Town of Basalt - James Lindt, Assistant Planning Director, provided formal comments on March 18, 2016 (Attached) Basalt& Rural Fire Protection District-Bill Harding, Fire Marshal,provided formal comments on March 15, 2016 (Attached) VII. COMMISSIONER OPTIONS: 1. Approve [File No. ZS-5995] 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 use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans), 40 06/14/2016 2. Deny [File No. ZS-5995] if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 3. Table [File No. ZS-5995] if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. Suggestion Motions: PROPOSED MOTION: TO APPROVE SPECIAL USE PERMIT: I hereby move to approve File No. ZS-5995, incorporating staff's findings and staffs conditions, because the application, as conditioned,meets all of the standards for approval of a Special Use Permit. PROPOSED MOTION: TO DENY REQUEST FORA' ++o� YSE APPROVAL: I hereby move to deny File No ZS-5995, because the}pro"" of meet the standards for approval of a Special Use Permit. [During deliberations,you will have'alreW dis ed which standards have not been met. # DISCUSSION: Mr. Hanagan provided some details about the request. He showed a vicinity map. The applicant was requesting a consolidated minor special use permit. They proposed a Resort Recreational Facility including permanent camping, fishing ponds, climbing tours and a trail system. Dallas Blaney explained that Challenge Aspen was a non-profit organization that worked with people with disabilities including civilians and veterans in two separate divisions. All of the cost was born by Challenge Aspen and their program was the largest in the country,offering 23 separate weeks of retreats. The organization has been around for 20 years and involved skiing in the winter,and in the summer there were music and dance camps, biking,hiking and fishing. They had not been able to provide camping due to location limitations. They had waited for the economy to improve before asking for this permit. They worked with an underserved population of people with disabilities and they try to give them confidence and skills. They wanted permission to offer primitive camping in temporary structures, and these would be clustered. They hoped to minimize the impact on the property and would be simultaneously working on a conservation easement for the majority of the property. They were trying to comply with the Mid Valley Area Comprehensive Plan. And they would comply with Colorado Parks and Wildlife guidelines. Mr. Hanagan provided some information on the Special Use Permit Standards. He detailed the required Road Impact Fees. The various referral agencies did not have major concerns. Sue Driggers, a resident of Blue Lake, sent in an enthusiastic recommendation for approval. All seven standards had been met and the standard catch-all conditions were recommended. Mr. Blaney stated that there were three existing wells with rights,and these were within the building envelopes. They do not have immediate plans to use these wells but might wish to do so in the future. The current plan was to haul water in and dispose of waste water appropriately. Chairman McQueeney opened and closed public comment as there was none. Commissioner Ryan thought this would be a great community amenity and would be a great use for the land. She appreciated that the applicant would take the Colorado Parks and Wildlife best practices seriously. Commissioner McQueeney agreed with these statements and felt that the applicant had been very thoughtful in their presentation and proposal. Commissioner Ryan moved to approve File No. ZS-5995, incorporating staffs findings and staffs conditions, because the application, as conditioned, meets all of the standards for approval of a Special Use Permit. 41 06/14/2016 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The Applicant shall incorporate the list of BMP's contained in Perry Will's letter dated March 25, 2016. 3. No activity on the property shall commence prior to June 15th of each year to minimize impacts to Elk. Commissioner McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. There being no further business P • • d,the meeting was adjourned until June 21,2016. 174 s Attest: /1L^ • 5• G - Clerk to the :oard 'toRto C rman "te. 1021/4-t.. — . . s 42 06/14/2016