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HomeMy WebLinkAboutMinutes 07/19/16 PUBLIC HEARING July 19, 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 spoke about solutions to the lack of affordable housing issues facing the county. The Housing Director was putting together a strategic plan to address the issue. Commissioner Ryan added that she was also aware of the issues facing the county workforce for child care, health care and housing. She's been working on health care legislation along with a coalition of Western Slope leaders to look at health care costs in the resort regions. They were trying to get the entire state to be pooled to determine premium rates. Commissioner Gibbs from Summit and she would be going to Denver today to Learn more about their efforts. Chairman McQueeney spoke about the early child care article in the Vail Daily and the fact that people had stepped up to try to help with the issue. She added that the Rodeo was in town and started tomorrow. Consent Agenda 1. Approval of the Minutes of the Board of County Commissioner Meetings for June 14 and June 21,,2016 Teak Simonton, Clerk and Recorder 2. Memorandum of Understanding between the Rural Consortium Workforce Development Board,the Colorado Rural Workforce Board of Local Elected Officials,the Colorado Department of Labor and Employment,Division of Employment and Training,Acting by and Through the Colorado Workforce Consortium for One-Stop Partner Programs Pursuant to the Workforce Innovation and Opportunity Act Kathy Lyons,Human Services 3. Agreement between Eagle County and National Bus Sales for the Purchase of One Thirty-Foot,Body on Chassis,Wheelchair-Accessible Replacement Bus Chris Lubbers,ECO Transit 4. Amended Final Plat,Iron Oaks Lot 1 to amend the building envelope on Lot 1 to reduce impacts to the documented wildlife corridor(Eagle County File No.AFP-4191) Sean Hanagan,Planning Commissioner Ryan moved to approve the Consent Agenda for July 19, 2016,as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 1 07/19/2016 Citizen Input Chairman Jeanne McQueeney opened and closed citizen input, as there was none. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Commissioner Ryan seconded the motion. The vote was declared unanimous. Housing and Development Authority 5. US Department of Housing and Urban Development Office of Public and Indian Housing Section Project- Based Voucher Program Housing Assistance Payments Contract Existing Housing Parts 1 and 2 of Contract between State of Colorado Department of Local Affairs and Lake Creek Village LLC for Project Based Vouchers at Lake Creek Village Apartments Jill Klosterman,Housing Commissioner Chandler-Henry moved to approve the US Department of Housing and Urban Development Office of Public and Indian Housing Section Project-Based Voucher Program Housing Assistance Payments Contract Existing Housing Parts 1 and 2 of Contract between State of Colorado Department of Local Affairs and Lake Creek Village LLC for Project Based Vouchers at Lake Creek Village Apartments Ryan seconded,unanimous Commissioner Ryan seconded the motion. The vote was declared unanimous. 6. Memorandum of Understanding between Eagle County,through its Department of Human Services, and Lake Creek Village LLC for Supportive Services to Residents Utilizing Housing Choice Vouchers at Lake Creek Village Apartments Jill Klosterman,Housing Commissioner Ryan moved to approve the Memorandum of Understanding between Eagle County, through its Department of Human Services, and Lake Creek Village LLC for Supportive Services to Residents Utilizing Housing Choice Vouchers at Lake Creek Village Apartments Commissioner Chandler—Henry seconded the motion. The vote was declared unanimous. 7. Memorandum of Understanding between Eagle County, Lake Creek Village LLC and Mind Springs Health, Inc. for Supportive Services to Residents at Lake Creek Village Apartments Jill Klosterman,Housing Commissioner Chandler—Henry asked how the Mind Springs Health would be paid. Ms. Klosterman indicated it would be through private funding. Commissioner Chandler—Henry asked how these individuals and families would be identified. Ms.Klosterman stated that many of the families were already in the system. Commissioner Chandler—Henry moved to approve the Memorandum of Understanding between Eagle County, Lake Creek Village LLC and Mind Springs Health, Inc. for Supportive Services to Residents at Lake Creek Village Apartments. Commissioner Ryan seconded the motion. The vote was declared unanimous. Ms.Klosterman explained the details of the program. The state was focused on supporting the homeless population. The county was awarded eight(8)project based vouchers for Lake Creek Village. The individuals housed in the units would either be homeless, at risk of homelessness or have had a history of homelessness. The state payed the rent for the families, they would also receive supportive services. The three agenda items were the state contract that payed for the rent,a Memorandum of Understanding with the Department of Human Services and a Memorandum of Understanding with Mind Springs. There was no new funding for support of services. 2 07/19/2016 Currently there was only one unit but as they worked with partners and referral agencies they would add more units as they came available. This was a 15 year contract with the state. The funding for the program was tied to the low income housing tax credit program. Eagle County was asked to apply but the need was not so significant to require the building of complexes. Commissioner Ryan moved to adjourn as the Eagle County Housing and Development Authority and re- convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Items 8. Resolution 2016-058 Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2016, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies John Lewis,Finance Mr. Lewis explained the process for departments requesting additional budget allocations through the supplemental process. On occasion grants were received,yet the funds had to be approved by the commissioners before they could be spent. They presented the third supplemental for approval and then the 2016 budget would be amended accordingly. The total proposed supplemental budget was for$1,791,217 of that$272,538 was additional and carried forward revenues; $188,868 was from remaining contingency funds and$1,329,811 from various fund balances. He provided some details of the new expense total. Commissioner Ryan stated that the board asked about a$15,000 fee from the building department. This represents credit card fees for the processing expenses for credit cards. Mr. Lewis stated that it would be discussed in the Executive Team meeting tomorrow. Commissioner Ryan asked how much could be saved and thought it could be around$40,000—$50,000. They were encouraging directors to try to anticipate the entire 2017 needs to eliminate the need to come back for supplemental funding during 2017. Commissioner Chandler—Henry agreed with the need to limit the supplemental requests in 2017 and clarified that there is a variety of fund balances and accounts with revenues coming from various sources. Chairman McQueeney added her appreciation for the solid presentation. This was a conservative method for budgeting. Commissioner Chandler—Henry moved to approve the Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2016, and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies. Commissioner Ryan seconded the motion. The vote was declared unanimous. 9. Agreement between Eagle County and the Eagle County School District for the Eagle to Horn Ranch Trail Easement Ellie Caryl, ECO Trails Ms. Caryl stated that this was an anticipated request. It represented the easement between the school and the county for a 20 foot easement to accommodate the Town of Eagle to Horn Ranch trail. The district had agreed to provide a 1.9 acre parcel to accommodate the trail. The trail would run along the railroad tracks. Commissioner Chandler—Henry asked how the price was determined. Ms. Caryl stated that an appraiser was hired and the$100,000 reflected a price for the parcel adjacent, and is a significant discount comparatively. Commissioner Ryan stated that the county trails,and ECO Trails were priorities for the board. The board heard frequently from residents about the need to get the trail complete. Ms. Caryl spoke about the 16 by 16 grant that had been applied for. Governor Hickenlooper was coming to visit on August 8th to see the Horn Ranch section. The connect initiative was to fund connections of trails and to 3 07/19/2016 allow families and individuals to connect to open space. The next step was to apply for a$2,000,000 GOCO funding pot. The hope was that he would look favorably on the project. The GOCO team was visiting the same area next week. Commissioner Ryan moved to approve the agreement between Eagle County School District for the Eagle to Horn Ranch Trail Easement. Commissioner Chandler—Henry seconded the motion. The vote was declared unanimous. Gail Schwartz,previous state Senator and candidate for Representative to Congress in the Third Congressional District introduced herself. She stated that she had a strong background in housing and thanked the board for its work on the issue. The housing issue was an incredible vulnerability for the area. She hoped to represent all of us in all of our issues at the federal level. She thanked the board for the opportunity to say hello. She served on the re-districting committee and advocated for counties to be in one and not two or more congressional districts. Commissioner Ryan asked about the size of the congressional districts compared to her senate districts. Ms. Schwartz indicated that the Congressional District was larger, even though the Senate District was about 20,000 square miles. Having lived in the Roaring Fork valley for 42 years she realized her skills could translate into the San Luis Valley as well. It was a Western Slope characteristic to come together and solve problems. Commissioner Ryan offered anyone running for public office the opportunity to come and speak to the board. Work Session 10. 2016 Eagle County Housing Needs Assessment Update Tori Franks and Jill Klosterman, Housing Commissioner Ryan was absent from the afternoon meeting Site Visit-Crawford Mobile Home Park Gillespie Drive El Jebel, Colorado Planning Files El Jebel Community Center 20 Eagle County Drive El Jebel,Colorado 11. ZS-6082 RFSC G1 LLC Marijuana Cultivation Facility Special Use Permit Scot Hunn,Planning RFSC G1 LLC,Applicant Chris Green, Ago Studios,Representative Note: Tabled from July 5,2016 Action: Request for review of a Special Use Permit to add up to five(5) acres of outdoor, open air marijuana cultivation to a previously approved cultivation facility consisting of two (2)4,000 square foot greenhouse structures and up to 6,000 square feet of storage, drying, curing and packaging facilities on Tract 3, Pleasant Valley Ranch Subdivision 4 07/19/2016 Location: Pleasant Valley Ranch Subdivision, 8 miles north of El Jebel,Tract 3 File Number: ZS-6082/Special Use Permit Project Name: RFSC G1 LLC Marijuana Cultivation Facility Location: 8 miles North of El Jebel;Tract 3,Pleasant Valley Ranch Subdivision Owner: RFSC G1 LLC Applicant: Same Representative: Chris Green,AGO Studio Staff Planner: Scot Hunn,AICP Staff Engineer: Taylor Ryan,PE Recommendation: Approval with Conditions I. EXECUTIVE SUMMARY: Request The Applicant requests review of a Special Use Permit for a marijuana cultivation facility consisting of two (2) 4,000 square foot greenhouse structures; up to 6,000 square feet of storage, drying, curing and packaging facilities; and up to five(5)acres of outdoor, open air cultivation on Tract 3,Pleasant Valley Ranch Subdivision. Note: the Applicant received approval in March, 2015, for a special use permit for marijuana cultivation on Tract 3 (Eagle County File No. ZS-4960). The permitted uses included up to 4000 sq. ft. of indoor(greenhouse) cultivation and up to 6,000 sq. ft. of storage, drying, curing, and packaging facilities. The current request includes all previously approved uses and square footages, adding up to five acres of outdoor cultivation. No improvements associated with the previous special use permit have been made on Tract 3 since approval in 2015. Tract 3 is a 44 acre parcel located the Resource Zone District straddling the Eagle-Garfield county line. The previously approved development footprint of the facility was approximately 1.3 acres, or 60,800 square feet, representing approximately 3 percent of the total land area of Tract 3. With the addition of outdoor cultivation areas, the total facility footprint would total 6.3 acres, or roughly 14 percent of the total land area. By way of comparison, uses by right such as residential structures generally have no limit on the amount of lot coverage or floor area permitted in the Resource Zone District. The Applicant has provided site plans for the development showing the total fenced area, inclusive of greenhouses, barn,parking areas, and outdoor cultivation areas. Process Overview "Marijuana Cultivation Facilities"in the Resource Zone District require a special use permit in addition to local and state licensing. Although the Applicant has already received approval for marijuana cultivation on the subject property, the process to "amend" an existing special use necessitates review of modifications against the same standards originally considered; the Applicant's proposal to modify the existing permit to add outdoor cultivation, then, requires a new special use permit review. Importantly, if this request were to be denied, the original special use permit remains in effect(vested)until March 3, 2018. Marijuana Business Regulatory Background in Eagle County Effective January 1, 2014, marijuana cultivation, manufacturing or testing uses became lawful in unincorporated Eagle County as a use `by right' in the Commercial General (CG) and Commercial Limited (CL) Zone Districts. Such uses may also be permitted upon approval of a special use permit in three rural zone districts in unincorporated Eagle County: Resource (35 acre minimum lot size); Resource Limited(20 acre minimum lot size), and; Agricultural Residential(10 acre minimum lot size). 5 07/19/2016 Although cultivation uses are permissible `by right' in the commercial zone districts of unincorporated Eagle County, commercial space (typically located in close proximity to population centers, dining, retail and service/office uses) does not necessarily lend itself well to cultivating marijuana due to compatibility issues that arise from odors and odor mitigation (air handling systems and filtration). Of particular interest to the Board of County Commissioners in 2014 when considering the regulation of cultivation operations in the County's three most rural zone districts was the goal of encouraging appropriately scaled cultivation operations in settings where ample buffering distances are more likely to be provided as a result of large lot zoning. Therefore, the permitting of marijuana cultivation uses in rural, agricultural zone districts in Eagle County since 2014 has generally been viewed favorably in terms of compatibility and conformance with standards for cultivation. Such view is based in part upon the agrarian nature of cultivation uses and associated structures, as well as the separation distances between cultivation facilities and adjacent properties provided in large lot subdivisions. Yet, cultivation of marijuana, if not properly vetted, is also a use that may pose issues to surrounding areas and neighboring properties. As such,the purpose of a Special Use Review is as follows: "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 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. "-ECLURs p. 5-51 Pursuant to the ECLURs (p. 5-52),the Board's role during the review of the Special Use Permit is as follows: "After receipt of recommendations from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the application for a Special Use Permit based on the standards in Section 5-250.B,Standards." While there are no specific size limits on such operations, standards have been developed specifically for marijuana cultivation. Such standards focus on: • Maintaining a"rural"character and scale for new development; • Maintaining minimum separation distances(200')between cultivation facilities and neighboring properties; and • Ensuring adequate water rights, odor mitigation (if deemed necessary), screening and landscaping (if visible from public rights-of-way). Therefore, in addition to addressing the standards for Special Use Review (Section 5-250 — Special Uses, Eagle County Land Use Regulations) listed below, the Applicant is responsible for demonstrating substantial conformance to each of the standards outlined for marijuana cultivation found in Section 3-310, F.f—Marijuana Cultivation, Manufacturing or Testing, ECLURs. 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 corresponding (suggested) conditions of approval. A more detailed discussion regarding standards and suggested conditions of approval follow in Section III - Staff Findings and Recommendation starting on page 7 of this report. 6 07/19/2016 Standard Conformance Discussion Conformance with the Yes The proposal was reviewed in context to the . .agle Comprehensive Plan: The proposed County Comprehensive Plan and the Mid-Valley Special Use shall be in substantial Area Community Plan and found to be in substantial conformance with the Eagle County compliance with a preponderance of applicable Comprehensive Plan, Area policies and goals. (See further discussion within Community Plans and any applicable Section III - Staff Findings and Recommendations ancillary County adopted documents starting on page 7, as well as in Section IV - pertaining to natural resource Suggested Conditions of Approval on page 14). protection, affordable housing, or infrastructure management. Compatibility: The Special Use is Mixed Overall, staff believes the proposal - like the generally compatible with the previously approved use - will be generally existing and currently permissible compatible with surrounding uses as conditioned and future uses of adjacent land and given the rural, agricultural nature of the use, as well other substantially impacted lands, as the distance of the proposed cultivation activities services, or infrastructure to existing or future building sites on adjacent improvements. parcels. Offsite parking for employee shuttle bus pick-up/drop-off prompted staff to recommend a condition to mitigate this concern through annual reporting. (See further discussion within Section III - Staff Findings and Recommendations starting on page 7, as well as in Section IV - Suggested Conditions of Approval on page 14). 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 with the standards of the zone Residential, Agricultural and Resource Uses. district in which it is located and any Specifically, the proposal has been found to be in standards applicable to the compliance with the standards of Section 3-310 F.f- particular use, as identified in Marijuana Cultivation, Manufacturing, or Testing, Section 3-310, Review Standards ECLURs. (See further discussion within Section III - Applicable to Particular Residential, Staff Findings and Recommendations starting on Agricultural and Resource Uses; and page 8, as well as in Section IV - Suggested Section 3-330, Review Standards Conditions of Approval on page 14). Applicable to Particular Commercial and Industrial Uses. Design Minimizes Adverse Impact: Yes The project has generally been designed to minimize The design of the proposed Special adverse impacts on adjacent lands and staff believes Use shall reasonably avoid the proposal, if properly conditioned, meets or can adverse impacts, including visual meet this standard. (See further discussion within impacts of the proposed use on Section III - Staff Findings and Recommendations adjacent lands including trash, starting on page 8, as well as in Section IV - traffic, service delivery, parking and Suggested Conditions of Approval on page 14). loading, odors, noise, glare, and vibration, or otherwise create a nuisance. 7 07/19/2016 Design Minimizes Environmental Mixed The application demonstrates that the proposed use Impact: The proposed Special Use will minimize potential environmental impacts as shall minimize environmental conditioned and based on: 1)the overall design of the impacts and shall not cause project; 2)the scale; and 3)the location of the project significant deterioration of water and relative to surrounding existing and future uses. air resources, wildlife habitat, scenic resources, and other natural However, suggested conditions of approval offer resources. opportunities to improve conformance with this standard (See further discussion within Section III - Staff Findings and Recommendations starting on page 7, as well as in Section IV - Suggested Conditions of Approval on page 14). Impact on Public Facilities: The Yes Staff believes the site is or can be adequately served proposed Special Use shall be by public facilities such as roads, police and fire adequately served by public facilities protection, and emergency medical services. and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Site Development Standards: The Mixed 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 for full-time employees Article 4, Site Development and service vehicles have been or can be provided for Standards. on-site; landscaping is provided; no signage is proposed; natural resource protection standards have been considered; roadway standards and impact fees have been applied and/or considered; and lighting, water, and sanitary sewer standards have been or can be addressed. The application does not address parking for the shuttle location for seasonal employees during harvesting, and staff feels this will be addressed through a suggested condition. (See further discussion within Section III - Staff Findings and Recommendations starting on page 8, as well as in Section IV - Suggested Conditions of Approval on page 14) Other Provisions: The proposed Not Applicable No "other" provisions were deemed applicable for Special Use shall comply with all this particular special use request. standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. II. BACKGROUND: Property Location and History 8 07/19/2016 The Applicant owns Tract 3, a 44 acre parcel of land located within Pleasant Valley Ranch Subdivision upon which the proposed facility will be located. The Applicant also owns adjacent and/or nearby parcels of land(Tracts 1, 7& 8)within Pleasant Valley Ranch Subdivision. Pleasant Valley Ranch is an exempt, 35-acre subdivision; in accordance with state statute, and because all lots within Pleasant Valley Subdivision exceed 35 acres, the subdivision was created (legally, but without county review) via land survey plat in 2003. Portions of the subdivision(and a small portion of Tract 3) are located within Garfield County. Pleasant Valley Ranch is accessed via Upper Cattle Creek Road, a "Rural Major Collector" as well as by a private access road — Pleasant Valley Ranch Road/Ten Peaks Mesa Road — which provide''privately maintained access to Pleasant Valley Ranch Subdivision and Ten Peaks Mesa Subdivision. The facility is proposed in the center of Tract 3 and will be provided two access points to Pleasant Valley Ranch Road (also known as Ten Peaks Mesa Road), a privately maintained access road connecting to Upper Cattle Creek Road. Staff views this situation (dual access) as being beneficial to the operations and safety to the operations on Tract 3, as well as a benefit to the neighboring property owners as dual access enhances wildfire safe routes for the residents of the area. Tract 3 is bifurcated by the Eagle-Garfield County line,although the majority of this 44 acre parcel is located on the Eagle County side of the line; as such,the site design shows the entirety of the 6.3 acre facility located on the Eagle County side of that line, but with some amount of disturbance (grading for a new driveway, pond and associated landscaping) and re-vegetation occurring within Garfield County. (Please note that this application was referred to three separate departments within the Garfield County Government—Planning, Road and Bridge, and the Garfield County Sheriff's Office. Staff did not receive a response from either department. Any site work or other improvements occurring within Garfield County may require review and permitting through Garfield County). Proposal Overview The previously approved facility will consist of two (2) greenhouse structures, along with a barn and small accessory buildings for storage, drying, curing, security and office uses. The site plan also shows areas around the greenhouse structures that could be used for storage of soils and other materials, all located within an 8-foot high perimeter fence along with a small parking area for employees. Additionally,the Applicant now proposes to add up to five(5)acres of outdoor, open-air cultivation that would also be contained within a fenced perimeter. Total square footage previously approved for greenhouse structures at full build-out will be 8,000 square feet. The total footprint (total site disturbance) proposed for the project is 6.3 acres, or approximately 14 percent of the total acreage. The previously approved (total) building footprint of greenhouses, barn and other ancillary structures is capped at 14,000 square feet. The Applicant proposes to construct a 1.5 million gallon augmentation pond on the Garfield County side of Tract 3. This pond will store water to be used in the cultivation facility operations, and, importantly, will serve Tract 3 and potentially the surrounding neighborhood with critical firefighting capacity in the event of a wildfire.As the pond is proposed within Garfield County, Eagle County has no purview over the placement, design, permitting or construction of the pond. No hours of operation are proposed, however the application states, "There will be approximately four employees working an eight to ten hour day seven days a week." This estimate pertains (separately) to both the year-round greenhouse operations and to seasonal outdoor cultivation activities; from May through October the Applicants anticipate (8) full-time employees (4 working outdoor cultivation, and 4 focused on indoor/greenhouse cultivation) on-site seven days per week. During harvest time (early October), and presuming full utilization of all five acres of outdoor cultivation area, the Applicant estimates that between 40-60 additional, part-time employees will be needed on-site. This is an estimate and is highly dependent on 1) the total land area and total number of plants permitted for cultivation by the State of Colorado, and 2) the Applicant's labor needs on any given year. Such seasonal, part-time employees will be transported to and from the site by shuttle buses over a four week period. 9 07/19/2016 Six parking spaces were previously proposed and approved for the existing permitted cultivation uses. The Applicant proposes to add ten(10) additional spaces to accommodate additional employee parking. Further, the application provides a basic overview of security requirements which are largely regulated by the State of Colorado Department of Revenue - Marijuana Enforcement Division (MED). Typical requirements include fencing around the site, security cameras, and monitoring of alarms and motion detectors by a private security company. III. PLANNING COMMISSION DELIBERATION AND RECOMMENDATION: At their regular meeting of June 16, 2016, the Roaring Fork Valley Regional Planning Commission reviewed the proposal and recommended approval, with conditions (with Kula, Ring, and Sprickert voting in favor; Markel opposed). At issue for the Planning Commission were the following topics: • One commissioner (Markel) inquired about required separation distances and the distances provided with the requested outdoor cultivation. o Staff clarified that the Marijuana Regulations and the ECLURs require 200' minimum and that the average distance between the proposed cultivation facility and existing or future residential sites ranges from approximately 700' and 1,500. • Another commissioner(Spickert)inquired about security at the facility. o The Applicant confirmed that the site will be fenced by a wildlife compliant mesh fence(without barbed wire) and with security cameras will be used. Lasers will be placed inside of fenced areas to detect any intrusions.No armed guards will be employed. o The commissioner also asked for clarification regarding gates to be placed on Pleasant Valley Ranch Road/Ten Peaks Mesa Road. • The Applicant stated that a gate is in place and that the Applicant is willing to provide, improvements to existing gates at the entrance to the subdivision and/or provide additional gated access further up the road to ensure that non-residents may not access past the point of the cultivation facility. • Another commissioner(Ring) suggested that the Applicant work with the Ten Peaks Mesa HOA to commit to providing a gate and to ensure ongoing participation in road maintenance. • Another commissioner (Kula) asked if a gate would allow access for emergency responders. • The Applicant indicated that a knox box would be required to ensure access for local emergency responders. • Another commissioner (Markel) questioned the proposed (temporary) sanitation facilities being proposed; she asked why porta-lets were proposed (or allowed by Eagle County) rather than requiring the Applicant to install permanent wastewater disposal facilities such as septic and leach field. o Staff suggested that Eagle County Environmental Health Department had reviewed the proposal and had not made comment. There are no requirements that the Applicant in such facilities construct onsite wastewater improvements; conversely, there are no restrictions on the use of temporary facilities such as porta-lets. • A commissioner(Kula) highlighted the wildlife impacts that may occur with this proposal and the fencing- in of up to 6.3 acres of mapped wildlife habitat. o The Applicant reiterated that the fencing has been reviewed by the CPW and that the Applicant has incorporated other suggested revisions to plans based on CPW review and comment on the application. • One commissioner (Kula) discussed those standards (compatibility) where staff suggested "mixed" conformance based on potential impacts from off-site parking for shuttle buses. The same commission member suggested that she agreed with staff's suggested condition requiring annual reporting regarding off-site parking plans. 10 07/19/2016 • Two commissioners (Ring and Kula) discussed the issues related to odor mitigation and the difficulty in addressing open-air cultivation. • One commissioner (Ring) asked if annual reporting would address impacts from employee parking and shuttling from a strategic standpoint - looking back at any issues that have occurred in the ',previous (license)term and looking forward(forecasting)to anticipate the number of employees and shuttle buses to be used in any upcoming license term. o Staff reiterated that annual reporting could address such concerns. • A commissioner (Spickert) suggested that the conditions be amended to include annual reporting for not only off-site parking and shuttling,but also odor issues/mitigation and security. o That same commissioner suggested that a condition be added to require installation of at least one gate at the time that the facility commences operation (either for indoor cultivation or outdoor cultivation, whichever comes first). IV. STAFF FINDINGS AND RECOMMENDATION: Staff is recommending approval of this application,with conditions. Staff believes the proposal, as conditioned meets or exceeds all applicable standards for a Special Use Permit, as well as those standards specific to Marijuana Cultivation Facilities. 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 marijuana cultivation and variations to improvement standards that are to be addressed. Likewise, the following section provides brief responses(provided in greater detail in the"Appendix" section of this report) from staff as to how staff believes the application meets or does not meet a particular standard, as well as suggested mitigation measures (conditions): 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 the Mid-Valley Area Community Plan. Although staff did identify specific policies and/or strategies from each plan wherein conformance was "mixed", such areas of partial conformity— potential impacts on local wildlife populations, for example, wherein any development on Tract 3 may reduce habitat and increase human activity - may present tradeoffs against the majority of instances where the proposal meets master plan intents and strategies aimed at: preserving or furthering agricultural heritage, zoning, and economies in Eagle County; supporting the viability and adaptability of existing local businesses; promoting the proper use of natural resources inclusive of water rights; and protecting the rural character of the surrounding area. The Applicant has generally been proactive in responding to referral agencies such as the State of Colorado Parks & Wildlife (CPW) Department - to address concerns and to incorporate suggestions into the design or operations plan for the facility-to minimize potential impacts of the project. As such, conditions of approval specific to addressing CPW recommendations represent direct means to increase the proposal's conformance with the various plans. 11 07/19/2016 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. Staff Response: The site is bordered by Pleasant Valley Ranch, Tract 4 (Alexander Co. Cultivation SUP) to the north; by Upper Cattle Creek Road to the south; Tract 8 (vacant) to the west, and; by Pleasant Valley Ranch Subdivision,Lot 9 (vacant) to the east. With regard to potential conflicts or compatibility issues, staff views the proposed uses as having minimal impacts on the surrounding area. The closest (existing) residence is approximately 1,400 feet to the northwest. Likewise, while there are no building envelopes platted on surrounding (vacant) parcels within Pleasant Valley Ranch and Ten Peaks Mesa Subdivisions, staff suggests that the general distances between likely building sites (based on topography, slope and likely access points from the private road) on surrounding parcels and the proposed facility will be significant. Distances to existing or potential homesites to the east and west of the facility range from approximately 1,200 feet, to nearly 3,000 feet. The County's separation (minimum) requirement between marijuana cultivation and single-family residential uses is 200 feet. Therefore, it is reasonable to view the proposal as having appropriate separation from neighboring properties/activities and the uses proposed are in general keeping with agricultural and natural resource extraction (pumice mine located to the southeast of the subject property) land uses in the surrounding area. Staff believes the proposal, as represented by the Applicant and as mitigated using recommended conditions of approval, will be compatible with existing and future low density, agricultural uses surrounding the subject property. Further, staff believes the proposed design and scale of the proposed use will have minimal impacts on land, surrounding uses, services, and infrastructure in the area. Further, the proposal maintains a relatively low threshold for traffic impacts given the fact that the previously approved use (year-round greenhouse cultivation) produces a level of traffic commensurate with a single-family home and the increase of vehicle trips attributable to proposed outdoor cultivation activities will occur seasonally, and during limited periods of the calendar year. As a reminder, the subject property typically could have been developed with one single-family home (with no size restrictions) as well as an accessory dwelling unit (limited to 1,800 sq. ft.). Each single-family residence generates approximately 10 vehicle trips per day. Despite the addition of outdoor cultivation on the subject property, the overall scale and character of the use relative to the surrounding landscape remains compatible with the rural and agricultural nature of the surrounding area. Specifically, the design of the previously approved facility will not change. Greenhouses and barn structures will not change; they are generally low-slung, and have been conceptually presented to emulate local architectural character. One concern identified as part of this review relates to potential off-site impacts related to shuttle buses proposed to bring seasonal, part-time employees to the site in the month of October. Staff supports the use of shuttle buses to reduce the overall vehicle trips occurring on local roads; this practice is supportable from an environmental standpoint as well. However, staff does have minor concerns regarding parking associated with shuttles; although the Applicant cannot provide details as to where employees will park and load shuttles at this time(it is difficult to project with any certainty when the business will generate a need for shuttling of seasonal, part-time employees, and even more difficult to speculate where such employees would need to be picked-up and dropped-off on a daily basis), staff suggests that future parking needs for up to 60 employees may create unintended parking impacts on private or public property in the 12 07/19/2016 Mid-Valley area. For these reasons, staff is recommending a condition requiring the Applicant to report annually-during annual marijuana business licensing renewal-on the projected number of employees, anticipated shuttling needs, and any agreements with private or public property owners for temporary, off-site parking accommodations. 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, a. 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 standards outlined in Sections 3- 310 and 3-330. Specifically, the proposal has been found to be in compliance with the specific standards for marijuana cultivation set forth in Section 3-310, F.f — Marijuana Cultivation, Manufacturing, or Testing, ECLURs: 1. Separation Requirements: separation distances of at least 200 feet have been met. The next closest (existing) residential structure/use is approximately 1,400 feet away from the proposed cultivation facility. 2. Minimum Lot Size: the parcel meets the minimum lot size (35 acres) for the Resource Zone District. 3. Parking and Storage: parking and storage have been designed to meet the standards. 4. Signs and Illumination: there are no signs proposed for the site or the operations and only minimal lighting is proposed for the exterior of buildings to comply with building code requirements. 5. Sales: no retail sales are proposed on or from the site. 6. Visual Screening: a fencing and landscaping plan has been submitted which, if implemented correctly, should act to provide visual screening even though the site is not likely visible from public rights-of-way; the scale of the facility is appropriate in context to the character of the surrounding area. However, the Planning Commission has identified screening of porta-lets as a concern; a condition has been added to address this concern. 7. Adequate Water: evidence of adequate water rights has been submitted. Staff is of the understanding that the Applicant has addressed the concerns of the State of Colorado Division of Water Resources and, therefore, has demonstrated that there will be legal, physical, adequate and dependable water supply for the cultivation facility. 8. Wildfire Hazard: the Applicant has met with the Eagle County Wildfire Mitigation Specialist and has received a wildfire rating. While the site has been rated as "moderate" fire danger, the Applicant has responded by committing water resources and infrastructure(pond water and dry hydrants) specific to firefighting purposes. 9. Access: legal access is provided via Pleasant Valley Ranch Road, a privately maintained road. 10. Odor Mitigation Plan: at this time, due primarily to 1) the nature of outdoor, open-air cultivation; and 2) the location of this facility relative to other residential or agricultural uses, staff has not required an Odor Mitigation Plan for the project. However, 13 07/19/2016 the Applicant has indicated during previous approvals involving greenhouse cultivation that mitigation such as carbon filtration systems could be installed within each greenhouse structure if needed in the future. 11. Security: although the Applicant has provided details regarding proposed security (cameras and lighting) on the site, all security requirements are a matter of State review and permitting. 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: Staff believes the proposal, as conditioned, meets this standard. Specifically, staff suggests that the project has been designed specifically to minimize any adverse impacts to the subject property, the surrounding area, residents and wildlife populations. Staff has recommended a condition of approval requesting that the Applicant continue to work with the CPW to mitigate any potential wildlife impacts to the highest degree possible within the scope of the project. Conditions have also been added to require annual reporting on security and odor mitigation. 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 the proposal substantially meets this standard. Specifically, while there will be direct impacts to mapped wildlife habitats as a result of development of approximately 6.3 acres of Tract 3, the project — the greenhouse and barn design and site layout - has been designed to reduce the amount of energy needed to operate the facility by maximizing thermal mass and solar orientation (orienting the greenhouse structures from east to west across the site to capture sunlight efficiently). Further, the bulk, mass and architectural intent of each structure acts to protect scenic resources by either maintaining low, utilitarian profile (the greenhouse structures), or furthering the design of a traditional agricultural building (the barn). As noted above, condition(s) have been added to address potential issues related to odor. 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 proposal meets this standard, as conditioned. The public facilities and/or services impacted will be public roadways, police and fire protection services, and emergency medical services. This application was referred to several law enforcement and/or emergency response agencies, including the Garfield and Eagle County Sheriff's offices, as well as the Basalt and Rural Fire Protection District. During the review of the previously approved special use permit for a cultivation facility, the Applicant met with representatives from the Eagle County Engineering and Wildfire Mitigation departments along with the Basalt and Regional Fire Protection District to resolve specific concerns regarding Dual Access requirements, wildfire mitigation planning, and firefighting capacity. 14 07/19/2016 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, parking has been designed to meet the requirements of Article 4, as have grading, drainage, erosion control, landscaping, and lighting improvements.No signs are proposed(or permitted)with this type of special use request. As mentioned in the staff response under"Compatibility,"parking for the seasonal employees who will be shuttled to the site during harvest has not been addressed due to the unknowns of timing, how many staff will be need for harvest during each season, and determining a parking location. A suggested condition has been provided to address this concern. 8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Staff Response: Staff believes the proposal meets this standard; no "other" provisions have been identified other than standards specific to the cultivation of marijuana(addressed above). Recommendation: Approval with Conditions Based upon a thorough analysis of the original cultivation proposal in 2014 and based on staff's review of the proposed addition of up to five acres of outdoor cultivation on the subject property, staff is recommending',approval of the request,with conditions. Specifically, staff believes that the proposal meets, or can meet(if properly conditioned), all required standards and findings necessary for the issuance of a Special Use Permit for Marijuana Cultivation in the Resource Zone District. Yet,previous review and approval in 2014 resulted in the imposition of several conditions; those conditions remain in effect with the currently vested special use permit. Staff suggests that those same conditions should, therefore, apply to the current proposal to modify previous approvals. As such, Section 5-250, E— Conditions and Restrictions on a Special Use Permit(ECLURs, p. 5-55) is pertinent to any consideration of conditional approval,wherein: "The Planning Commission may recommend and the Board of County Commissioners may, in approving any Special Use Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, objectives, and policies of the Comprehensive Plan, the FL UM of the Comprehensive Plan, and these Land Use Regulations, to prevent or minimize adverse effects from the proposed development on surrounding land uses and on the general health, safety, and welfare of the County. The County shall be authorized to set limits on the length of any Final or Consolidated Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Special Use Permit." Staff recommends the following conditions crafted specifically to address development standards such as grading and re-vegetation of the site; lighting; screening; security; and wildlife impact mitigation recommendations by CPW. V. SUGGESTED CONDITIONS OF APPROVAL: 15 07/19/2016 The following conditions were developed and made part of the previous approval for a cultivation facility on Tract 3 (File No. ZS-4960; Resolution No. 2015-009). Staff suggests that each condition is still valid and applicable to this request. Two new conditions (Condition Nos. 7, 10, and 11) have been added to address concerns raised by staff,adjacent property owners, and the Planning Commission: 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. Any lighting associated with the site shall be downcast in accordance with dark/night-sky compliant lighting standards; specifically, any on-site lighting shall be designed and installed so as not to direct glare onto adjacent properties. 3. The Applicant shall provide a Construction Management Plan with any building or grading permit application. 4. The Applicant shall address and incorporate all suggested wildlife mitigation and management measures provided in two letters dated August 12, 2014 and May 3, 2016, from Perry Will, Colorado Parks & Wildlife Division. 5. The Applicant shall successfully apply for and obtain any and all state and local licensing required for the cultivation of marijuana (Cultivation License) for the cultivation facility prior to commencing any cultivation activities. 6. Pursuant to local and state licensing requirements specific to renewal of licensing and annual verification of `good standing', the Applicant shall provide a brief report or other evidence to Eagle County Planning Department on an annual basis, demonstrating that the license for cultivation is valid at both the state and local levels, and, therefore, that the special use permit remains in compliance with local regulations as well as applicable conditions of approval for the special use. 7. Upon annual renewal of local marijuana business license(s), the Applicant shall provide Eagle County Marijuana Licensing Authority (the Authority) with reports focusing on off-site parking (based on a review of previous licensed terms of operation as well as forecasting future needed off-site parking for future license terms and based upon the estimated number of seasonal employees to be employed at the subject property during planting and harvesting operations that may need to be shuttled to and from the subject property). Such plan shall provide information related to the anticipated locations and capacities of off-site parking areas associated with shuttle pick-ups and drop-offs for such seasonal operations, as well as any agreements secured with public or private property owners allowing for such off-site, temporary parking uses. Reporting shall also include any information related to odor complaints and mitigation that may have occurred during the previous license term,as well as any issues related to security at the site. 8. The Applicant shall provide a detailed grading plan, showing existing and proposed grades,as well as proposed limits of disturbance, drainage and erosion control measures for the site prior to or concurrent with any grading and/or building permit application. 9. The Applicant shall provide final details regarding pond construction and any dry-hydrants, or other firefighting infrastructure to be provided on the site, along with a schedule of anticipated construction of the pond and firefighting infrastructure, prior to or concurrent with the application for any building or grading permits associated with the cultivation facility. 10. The Applicant shall provide an updated landscape plan for the site concurrent with building permit application specifically showing screening for temporary wastewater facilities (porta-lets) to be used within the facility. Landscape plantings and/or fencing shall be included in any screening mitigation. 11. The Applicant shall work with the Ten Peaks Mesa Homeowner's Association to ensure installation of a security gate across and limiting access to Pleasant Valley Ranch Road/Ten Peaks Mesa Road prior to commencement any cultivation activities on Tract 3. 16 07/19/2016 V. SITE DATA: Tract 3 is located approximately 8 miles north of El Jebel. Pleasant Valley Ranch is an exempt 35-acre subdivision zoned Resource (R) that was created via Land Survey Plat in 2003. Land Survey Plats are not required to be reviewed and approved by Eagle County; they are prepared by licensed professional surveyors and are then recorded in the Office of Clerk and Recorder. They are therefore "exempt" from the County's subdivision regulations. The site is bordered by Pleasant Valley Ranch, Tract 4 (Alexander Co. Cultivation SUP) to the north; by Upper Cattle Creek Road to the south; Tract 8 (vacant) to the west, and; by Pleasant Valley Ranch Subdivision, Lot 9 (vacant) to the east. Surrounding Land Uses/Zoning: All lots within Pleasant Valley Ranch Subdivision as well as surrounding lands within Eagle County are zoned Resource. Land Use Zoning North: Residential/ Resource(R) Agricultural South: Residential/ Resource(R) Agricultural East: Residential/ Resource(R) Agricultural West: Residential/ Resource(R) Agricultural Existing Zoning: Resource Zone District Proposed Zoning: N/A Current Development: Vacant; open range. Site Conditions: Sage, grass; irrigated pasture land; low to moderate slopes. Total Land Area: Acres: , 44.4 Square feet: Total Open Space: N/A Water: Public: N/A Private: Well Sewer: Public: N/A Private: OWTS Access: Upper Cattle Creek Road; Pleasant Valley Ranch Road VI. REFERRAL RESPONSES: Referral copies of this application were sent to twenty-six (26) agencies for review on April 19, 2016. The following section summarizes the comments of all agencies that submitted an official referral response to Eagle County prior to the date of this report. Please see attached referral agency response letters/emails for fixll text of each response: Eagle County Engineering Department (Taylor Ryan, Senior Project Engineer) - provided formal written comments on May 10, 2016 and again on May 20 (Attached). Colorado Parks & Wildlife Department (CPW) (Perry Will) - provided original comments August 12, 2014; Updated comments provided May 3, 2016 (Attached). Colorado DNR,Water Resources Division(Megan Sullivan) -provided comments on May 5,2016 Attached). Basalt and Rural Fire Protection District(Bill Harding) -provided comments on May 5, 2016(Attached). 17 07/19/2016 VII. BOCC COMMISSION OPTIONS: 1. Approve File No. ZS-6082 with conditions and/or performance standards if it is determined that that, as conditioned,the proposed use fully complies with all the standards for special use permit. 2. Deny File No. ZS-6082 if it is determined that the proposed use will not fully comply with all the standards for special use permit. 3. Table File No. ZS-6082 if additional information is required to fully evaluate the request. Give specific direction to the petitioner and staff. DISCUSSION: Mr. Hunn introduced the applicant and reviewed the conformance to Special Use Permit Standards. The applicant was requesting to add five(5)acres of outdoor marijuana cultivation to a previously approved cultivation facility. The previous conditions of approval would be attached. The facility is located on the Eagle County side of the Pleasant Valley Ranch Subdivision. The property was accessed via a private road.The proposal was reviewed in context to the Comprehensive Plan and Mid-Valley Area Community Plan and found to be in substantial compliance with a preponderance of applicable policies and goals. He reviewed the cultivations standards. Chairman McQueeney asked if the standards were state or local regulations. Mr. Hunn stated that they were Eagle County standards and encompassed all the state requirements. Mr. Hunn stated that the area was mapped wildlife area for deer and elk so wildlife fencing was recommended and the applicant had been proactive. Parking was a concern during the harvest period so the applicant proposed a shuttle plan. He indicated that there were a lot of unknowns, so a condition was crafted that allowed some flexibility. The Planning Commissioner recommended approval with conditions. Their recommendations included a gated controlled entrance and wildlife compliant fencing. There was also a discussion about sanitation facilities, offsite parking and odor mitigation. He spoke about the other two(2) operations in the county and commented on the fact that there had been no complaints about either. If there were ever any complaints about odor they would respond very quickly or if the operation was just not working for the neighborhood,the county had the ability to require mitigation or deny renewal of the license.The project complied with the Master Plan policies and standards. The project complied with the Master Plan Standards, Land Use Regulations, and marijuana regulations. The project was designed to minimize impacts. The project incorporates referral agency recommendations. There were no retail sales proposed. Staff recommended approval with conditions. Security was handled by the State but there was information in the application that addressed the requirement for laser security and cameras. Chairman McQueeney asked Mr. Hunn if there were any referral comments he wanted to highlight. Mr. Hunn stated that the Colorado Parks and Wildlife Division and Basalt Fire Protection District were heavily involved. The applicant and adjacent property owner agreed to put in ponds for firefighting. Chris Green stated that the proposal maintained the previously approved application. The processing building was in a secured area. He reiterated that there had been two previously approved outdoor cultivation operations and there had been no complaints with those facilities. The owners had facilities in Eagle Vail, Basalt, Gunnison,Aspen and Leadville. The application was in compliance with the zoning requirements. There were no public facilities or schools within area and they were seven miles from the nearest store. The proposed outdoor cultivation site comprised 11.3%of the site and when combined with the previous approval there was 14.2% site coverage. The applicant believed this was an appropriate agricultural use and would maintain the rural character and resource orientation of the site. They would employ locals. This was an in-basin water use with historic documented irrigation rights. The water used for outdoor cultivation would be pumped from the pond on the property. The operation would require no artificial lighting or use any energy for climate control. The initial planting would total 3600 plants.There would be four(4) seasonal full time employees. During harvest in October there may be forty(40)to sixty(60) employees. A box truck shuttle would be used to move employees to and from the site. Security would be governed per Colorado State Statute. There would be cameras, an 8 foot fence, a gated access,and all employees would be screened. The applicant believed that outdoor cultivation was the most sustainable approach for this industry. In summary the applicant believed they met the intent and were in compliance with the plans that affected the area and were established by Eagle County they were also in compliance with the State of Colorado Marijuana Cultivation Statutes and they intend to be good neighbors. 18 07/19/2016 Commissioner Chandler-Henry asked Mr. Green to address the water usage. Mr. Green stated that the pond would be filled during the spring when water was free. They could further develop an augmentation plan and drill a well but their objective was to use the pond as the primary water source. In a dry year they may need to truck water in. Commissioner Chandler-Henry asked about the timing for getting underway. Mr. Green stated that they'd hoped to begin the outdoor cultivation and then ease into the greenhouse operations. Chairman McQueeney opened public comment. Andy Mishmash,President of the Ten Peaks Mesa Home Owners Association spoke. He had concerns about the wind blowing the crop smell toward his home. He had additional concerns with density and wondered how many more grow facilities could go into his neighborhood. Mr. Hunn stated that the applications went through a special use process and they considered density and intensity of use and compatibility. At some point there would be a limit. Rob Holmes, owner of the property believed there was a natural limitation in the areas as some of the lots were located in Garfield County and some lots didn't have irrigation water rights and drilling for water hadn't been successful. Chairman McQueeney closed public comment. Commissioner Chandler-Henry asked Mr.Hunn to review the engineering concerns and clarify whether they had been addressed. Riche Davies stated that as long as the applicant was comfortable with condition seven(7)all engineering concerns had been addressed. Mr. Green stated that they were in agreement with the conditions. Mr. Hunn read the suggested conditions into the record. Commissioner Chandler-Henry moved that the board approve File No. ZS-6082, incorporating staff's findings and staff's suggested conditions,because the application, as conditioned,meets all of the standards for approval of a Special Use Permit. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 12. 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: Tabled from June 14,2016 Action: Review of a consolidated special use permit for expansion of the El Jebel Mobile Home Park. Location: Gillespie Drive,El Jebel Area FILE NO./PROCESS: ZS-6027, Consolidated Special Use Permit PROJECT NAME: Crawford Mobile Home Park Expansion LOCATION: Gillespie Drive OWNER: Crawford Properties LLC APPLICANT: Robert Hubble REPRESENTATIVE: Doug Pratte-The Land Studio 19 07/19/2016 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 GOAL: "Eagle County is a Great Place to Live for All" RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY: The Applicant requests review of a Consolidated Special Use Permit for an expansion of the El Jebel Mobile Home Park on the subject property. The Applicant owns a total of approximately 144 contiguous acres and this special use is proposed to occur on a small portion (approximately 13.6 acres) of the property within or around a cluster of existing improvements. The proposed expansion is for an additional 46 units. This expansion will be in addition to the existing 298 units. The project is located in close proximity to RFTA, schools and the commercial core of El Jebel. These 46 units will provide residents of the county housing options that are attainable with 6 units being classified as affordable by the Eagle County Affordable Housing Guidelines. For a detailed view of the applicants plan to satisfy the Eagle County Affordable Housing Guidelines please see the attached Affordable Housing Plan. Traffic impacts for this development will be mitigated fully by the approved and scheduled improvements to El Jebel Rd. 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: "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 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 such as live stream setbacks 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) 20 07/19/2016 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. 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 ' , o; 1.1114acDiscussion 21 07/19/2016 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. Comprehensive Plan, Area Community Plans and any applicable 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 residential nature generally compatible with the of the surrounding area. The location is supported existing and currently permissible with existing infrastructure and may function as future uses of adjacent land and additional attainable and affordable housing for other substantially impacted lands, locals. The project is located in close proximity to services, or infrastructure RAFTA, schools and the commercial core of El improvements. Jebel. 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 Residential with the standards of the zone Multi Family (RMF) and thus require a variation district in which it is located and any from zone district standards with regard to minimum standards applicable to the lot size. 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. Design Minimizes Adverse Impact: Yes The project has generally been designed to minimize The design of the proposed Special adverse impacts on adjacent lands and staff believes Use shall reasonably avoid the 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. DesignMinimizes 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. impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Impact on Public Facilities: The Yes Staff believes the site is or can be adequately served proposed Special Use shall be by public facilities such as water, sanitary wastewater adequately served by public facilities treatment/disposal, and emergency services. The 22 07/19/2016 and services, including roads, Town of Basalt has expressed concerns for pedestrian paths, potable water and deficiencies in law enforcement created by this wastewater facilities, parks, schools, development. The Eagle County Sheriffs Office has police and fire protection, and recently increased its staffing and staff feels that this emergency medical services. additional deputy will be sufficient to offset the(need created by this development. 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: 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 marijuana cultivation 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 "Mixed Use". Residential finds itself at the top of the list of Appropriate Land Uses identified in the mixed use category. The current underlying zoning also supports the proposal's use and dimensional limitations. 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 residential 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. The location of the proposed expansion is in close proximity to the core of El Jebel and provides opportunities for mass transit as will as a walkable community. 23 07/19/2016 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 Mobile Home Parks. The current underlying zoning will also accommodate the proposed dimensional limitations. 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: Staff believes the proposal, as conditioned, meets or can meet this standard. The project has generally been designed to minimize adverse impacts on adjacent lands and staff believes the proposal meets this standard. The development's proximity to the core of El Jebel and transportation hubs helps to minimize the impact from vehicle travel. 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. 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, parking has been designed to meet the requirements of Article 4, as have grading,drainage, erosion control, landscaping, and lighting improvements. 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 For Regional Planning Commission voted 5:0 to recommend approval of this Special Use Permit to the Board of County Commissioners. The Planning 24 07/19/2016 Commission recommended that downcast lighting be minimized, that the applicant consider better solar orientation, one way streets be used to maximize safety and the area designated as a park be more formal in nature and provide more specific play areas. 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. V. SITE DATA: Future Land Use Map Designation The property is located within the Mixed Use designation within the Mid Valley Area Community Plan Future Land Use Map(FLUM).Residential is listed as an appropriate land use for this designation. Surrounding Land Uses/Zoning: North: Residential/Open Space Resource(R) South: Commercial Commercial General(CG) East: Residential El Jebel Mobile Home Park(RSM) West: Residential Residential(RSM) Existing Zoning: RSM Proposed Zoning: RSM Current Development: Vacant land with misc.Storage and was former RFTA Park-n-Ride. Site Conditions: Total Land Area: Acres,. 114 Square feet: Total Open Space Acres: N/A Percentage: usable Open Space: Acres: N/A Percentage: Water: Public: MVMD Private: Sewer: Public: MVMD Private: Access: Direct access to publically maintained County road(Gillespie Drive) VI. REFERRAL RESPONSES: A referral was sent to Forty-Six (46) different County departments and/or external public agencies for review on March 15, 2016. Staff received formal,written responses from the following entities: Eagle County Engineering Department -Richard Davies, Senior Staff Engineer,provided formal written comments on March 22, and again on April 6,2016 (Attached). Eagle County Sustainable Communities Department - Adam Palmer, Environmental Policy Planner, provided formal comments in conjunction with Taylor Ryan on March 31, 2016 (Attached). 25 07/19/2016 Colorado Parks & Wildlife Division - Perry Will, Regional Manager, provided formal comments on March 25, 2016 (Attached). Town of Basalt - Dylan Johns, Chair for P&Z Commission, provided formal comments on March 29, 2016 (Attached) Basalt& Rural Fire Protection District -Bill Harding, Fire Marshal,provided formal comments on March 25, 2016 (Attached) RFTA-Jason White,Planner, Provided an email response on March 18, 2016(Attached) Colorado Geological Survey-Jill Carlson, Engineer Geologist, Provided a formal comments on April 27, 2016 that has resulted in condition#2(Attached) Balcomb&Green-Chris Geiger, Attorney,provided a formal comments on April 5,2016 (Attached) Water Law -Kevin Patrick, Attorney, provide a rebuttal to the Blackcomb & Green letter above on April 12, 2016 (Attached) VII. COMMISSIONER OPTIONS: 1. Approve [File No. ZS-6027] 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), 2. Deny [File No. ZS-6027] if it is determined that the application 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-6027] if additional information is required to fully evaluate the application. Give specific direction to the applicant and staff. PROPOSED MOTION: TO APPROVE SPECIAL USE PERMIT: I hereby move to approve File No. ZS-6027, incorporating staff's findings and staff's conditions, because the application, as conditioned,meets all of the standards for approval of a Special Use Permit. PROPOSED MOTION: TO DENY REQUEST FOR SPECIAL USE APPROVAL: I hereby move to deny File No. ZS-6027, because the proposal does not meet the standards for approval of a Special Use Permit. [During deliberations, you will have already discussed which standards have not been met. DISCUSSION: Mr. Hanagan stated that the related files were being reviewed simultaneously because the 1041 Permit required action prior to the Special Use Permit approval or denial. The applicant was requesting an expansion of the existing mobile home park. Currently there were 298 units. The units were in close proximity to RFTA, schools and the commercial core. The housing would be attainable with six(6)units being classified as affordable per the Eagle County Housing Guidelines. He introduced Doug Pratte with the Land Studio. Mr.Pratte introduced the applicant,Robert Hubble. 26 07/19/2016 Mr. Hubble stated that his family was imbedded in the community and were committed to providing an affordable, safe, and sustainable community. They owned approximately 144 contiguous acres and this special use was proposed to occur on a small portion; approximately 13.6 acres. The expansion would consist of a mix of two and three bedroom manufactured home rental units. A total of 46 rental units were proposed. The proposed site plan included sidewalks and a common open space. The alleys behind the units had three parking spaces. The property was accessed by Favre Lane and JW Drive. Doug Pratte showed an aerial site map that demonstrated the residential and commercial adjacent properties. Mr.Hanagan reviewed the Special Use Standards. The proposal was compatible with surrounding land uses. The proposal met all the applicable standards and was permitted through Special Use. The property was adequately served by public facilities such as water, sanitary wastewater treatment/disposal, and emergency services. Rickie Davies, Eagle County Engineer stated that no access permit would be required because the project did not increase traffic by 20%. There would not be any major traffic impacts. Mr. Hanagan stated that parking and loading areas had been provided on-site and roadway and driveway standards had been met. Impact fees had been determined and would be collected at building permit time. A road impact fee waiver was requested for the six(6)affordable units. Lighting,water, and sanitary sewer standards had been addressed. He reviewed the referral agents' responses. Staff supported the proposal with two standard conditions. Commissioner Chandler-Henry asked about geologic site assessment. Mr. Hanagan stated that the referral response was included in the 1041 backup. Commissioner Chandler-Henry stated that Engineering had 11 comments and it appeared that one thru six had been addressed. She wondered if the remaining comments had been satisfied. Mr. Davies stated that he had not heard back from the applicant on the remaining items. Mr. Pratte stated that the others had been discussed and addressed and he offered to go through them individually. He made an obligation to work with staff on crosswalk signage and locations. Commissioner Chandler-Henry suggested adding a condition requiring that the applicant address any remaining engineering questions. Chairman McQueeney agreed with the recommendation. Commissioner Chandler-Henry asked about the public facilities. Bob Narracci stated that would be discussed in his 1041 presentation. There was a lot of overlap as there was the same set of referral responses. The 46 units were an expansion of 298 existing units in the mobile home park owned by the applicant. The proposal was within the Mid-Valley Metropolitan Districts approved service plan area. The applicant had committed to energy and water efficiency as a goal. Raw water was proposed to be provided from a lateral of the Robinson Ditch located adjacent to the project. A raw water irrigation system would be constructed throughout the development. The water rights for the raw water system were owned by Crawford Properties, LLC. The landscape plan had been developed with minimal grass areas. Crawford Properties, LLC would provide each household with the homeowners' guide to household water conservation or the Colorado Water Wise best practices manual for guidance. He reviewed the referral agency responses. The town deemed the site appropriate for infill residential development. He reviewed the referral comments. The town of Basalt Water Conservancy District identified several concerns regarding the impact of the proposed project. The board had received those letters but some letters were received after the staff report had been submitted. A letter dated July 13, from Balcomb&Green indicated that their concerns had been satisfied.The Town of Basalt supported the proposal but did not support the Valley Road/Hwy 82 intersection improvements on the south side.They also believed that a reduction in the housing mitigation rate was warranted and should fall between 25%and 12% proposed by the applicant and recommended that the county require the applicant to make a contribution to the school district and daycare to mitigate any impact on local schools and daycare facilities needed to serve the new development. Ms. Ayres-Oliver stated that this was not a subdivision of land but a special use permit. The regulations relating to fees in lieu and dedication of land for schools did not apply. Many of the Town of Basalt's requests did not apply. The county would have to consider a nexus and it was unknown as to the number of children that would live in the development. Mr.Narracci reviewed the other recommendations from the Town of Basalt. The applicant offered to work with the town. Pitkin County suggested that there be a limit to the impact on stream flows, a requirement for water sensors in yards,and penalties for overuse of water usage. There were 32 - 1041 criteria. They were in three(3) 27 07/19/2016 distinct sections of the 1041 regulations, Section 6.04.01. Staff had found as conditioned that the proposed project satisfied all of the criteria. Staff believed that all the criteria in Section 6.04.02 had also been satisfied. He reviewed the recommended conditions of approval. Ray Merry, Eagle County Environment Health Director explained that the Basalt Water Conservancy District looked at this application and an opportunity to review agreements in place with Crawford Properties, LLC. The agreements that were in place for many years needed to be updated. Prentice Hubble with Crawford Properties, LLC explained that there was paragraph in the case that allowed them to transfer a dried up area to another dried up area. They would like to move a non-dried up area not being irrigated into an area that was in a previous dried up schedule. They were simply trying to move the chess pieces around. Mr.Narracci clarified that in the recommended motion there was a request to waive the requirement for special use permit. The regulations were set up to prevent redundancy. Commissioner Chandler-Henry wondered if the approval allowed enough leeway if there were changes made in water court. Mr. Merry stated that it was his opinion it left enough leeway. Chairman McQueeney asked about the road impact fees. Mr. Hanagan explained that the road impact fees were calculated per unit and were collected at building permit time. The fees would mitigate impacts to the overall network of roads in the county. The only way they can be waived was in the case of affordable housing. Ms. Ayres-Oliver stated that based on the Land Use Regulations under mobile home park it showed$2,194 as the fee per unit. Mr. Hanagan stated that the applicant was requesting the fee be waived for only six(6)units. McQueeney opened and closed public input as there was none. Mr. Pratte spoke about the contributions made by the applicant. The Crawford's had been involved in the traffic consideration for the El Jebel area and provided funding for traffic mitigation. Commissioner Chandler-Henry asked Ms.Ayres-Oliver if it would be possible to apply the right-of-way dedication rather than granting a waiver for impact fees. Ms.Ayres-Oliver stated that there was an application process and a 30 day review process. The Road Impact Fee Committee would need to review the request. Mr.Pratt added that the applicant did investigate the current school enrollment and believed there was a capacity for additional students at the local schools and daycare facilitates. Robert Hubble believed there was capacity for more children after speaking with a couple of daycare providers in the area. Chairman McQueeney appreciated the additional information. The obtainability of the units being provided was key to the overall scope of this project. If there was a way to apply the road improvement contributions already made by the applicant, she would be willing to consider it. Commissioner Chandler-Henry agreed with Chairman McQueeney that it was overall affordable. She supported granting the waiver for the six(6)units. She believed this was a great project and appreciated the applicant looking at the resources available in El Jebel. The project was geared towards locals. Chairman McQueeney added her thanks and believed it was an amazing project. She acknowledged the contribution the applicant made to the childcare programs within the valley. Ms.Ayres-Oliver read in an additional condition into the record. "Prior to issuance of any building permit the applicant shall address to the satisfaction of the County Engineer comments 7— 11 contained in the County Engineering Department referral memo dated April 6, 2016. " Commissioner Chandler-Henry moved to approve the Special Use Permit request with conditions and/or performance standards if it was determined that certain conditions and/or performance standards were 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 was in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 28 07/19/2016 13. 1041-6026 Crawford Mobile Home Park Expansion 1041 Permit Bob Narracci,Planning Ray Merry,Environmental Health Crawford Properties,Applicant Chris Lehrman, SGM Note: Tabled from June 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 FILE NO.: 1041-6026 TITLE: Crawford Mobile Home Park Expansion 1041 Permit LOCATION: Gillespie Drive,El Jebel/Parcel No. 2391-344-11-001 APPLICANT: Crawford Properties,LLC/Mid Valley Metropolitan District REPRESENTATIVE: Chris Lehrman/SGM STAFF CONTACT: Ray Merry,Director of Environmental Health Bob Narracci, Community Development Director REQUEST: 1041 Permit to allow the Mid Valley Metropolitan District to provide water and wastewater treatment systems to serve the proposed Mobile Home Park Expansion. STRATEGIC PLAN GOAL: "Eagle County is a Great Place to Live for All"and"Eagle County Protects the Natural Environment" POLICY ISSUE: The policy question is whether or not the Eagle County Permit Authority should approve this application. RECOMMENDATION: Staff is recommending approval with conditions. EXECUTIVE SUMMARY This request is for approval to allow the Mid Valley Metropolitan District's domestic water and wastewater treatment systems to serve the proposed El Jebel Mobile Home Park Expansion. This 1041 Permit is for a "Municipal and Industrial Water Project"and"Major Extension of Existing Domestic Water and Wastewater Treatment Systems". The proposed expansion encompasses 13.6-acres of the overall 114.4-acres owned by Crawford Properties, LLC and will serve forty-six(46) additional residences. The El Jebel Mobile Home Park Expansion is located within the Mid Valley Metropolitan District's approved Service Plan Area. The 46 units proposed in the Project are an expansion of the existing 298 units in the El Jebel Mobile Home Park that is currently owned and operated by Crawford Properties,LLC on adjoining portions of the overall 114.4-acre property. The El Jebel Mobile Home Park Expansion is proposed as an addition to the affordable community that already exists on the property, with access to the services that are currently provided in El Jebel, within %to 'h mile of the El Jebel RFTA Bus Rapid Transit'station, and within walking distance to a future RE-1 Elementary School. The Project will also be in close proximity to parks, open space,commercial services and pedestrian paths. The proposed Project has been developed with energy and water efficiency as a goal. The system for rating the efficiency of the manufactured homes shall be based on the"ENERGY STAR Certified Manufactured Home" program. Raw water is proposed to be provided from a lateral of the Robinson Ditch located adjacent to the Project. A raw water irrigation system will be constructed throughout the development as part of the Project. The water rights for 29 07/19/2016 the raw water system are owned by Crawford Properties, LLC and the raw water irrigation system will be privately owned and maintained by Crawford Properties, LLC. The landscape plan has been developed with minimal grass areas that will require spray irrigation. Each residence will have a small 1,000+/- square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebel area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble and crushed granite areas also serve as pervious drainage areas for the Project. Crawford Properties, LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the"Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties, LLC and the residents will use these tools as guides for water conservation and water quality protection. CHRONOLOGY 1982: Mid Valley Metropolitan District's original Service Plan approved. 1983: BoCC approved the original Mid Valley Metropolitan District 1041 Permit for water and wastewater infrastructure for a 1041 Service Area with boundaries the same as the original District boundary. 1995: BoCC approved a 1041 Permit for expansion of the Mid Valley Metropolitan District service area to include the `Arnold Property'. 2001: BoCC approved a 1041 Permit to allow expansion of the District's wastewater treatment plant and included property within the Service Plan Service Area boundary; excluding the Crawford Properties. 2003: The District's Service Plan was amended to allow service to the Cerise Ranch in Garfield County. 2012: BoCC approved a 1041 Permit to allow the District to serve expanded recreational amenities on Crown Mountain Park. 2013: A Finding of No Significant Impact was approved to allow the District to serve existing development on the Crawford Property. 2016: This 1041 Permit application for the proposed Mobile Home Park Expansion was received by Eagle County. REFERRAL RESPONSES This 1041 Permit application was referred to the following departments and agencies with request for comment: • Eagle County Engineering Department • Eagle County Attorney's Office • Eagle County Planning Commission • Eagle County Sheriff's Office • Roaring Fork School District Administration • Roaring Fork School District Transportation • Colorado State Department of Environmental Health(Air Quality and Water Quality Divisions) • Colorado Parks and Wildlife • Colorado Geological Survey • Colorado Historical Society • Colorado Division of Water Resources • Colorado River District • Colorado Water Conservation Board • United States Forest Service • Army Corps of Engineers • Natural Resource Conservation Service 30 07/19/2016 • Northwest Colorado Council of Governments • Roaring Fork Transportation Authority • Basalt Water Conservancy District • Garfield County • Pitkin County • Laura J Estates HOA • Shadowrock HOA • Crawford Family MHP • Town of Basalt As of this writing,the following responses have been received: Eagle County Assessor's Office: In the attached email dated April 4, 2016,the Assessor notes that the subject property consists of portions of two separate taxable parcels; one pays into the Crown Mountain Park and Recreation District,and the other does not. Eagle County Engineering Department: In the attached memorandum dated April 6, 2016,The Engineering Department indicated that it has `no comments' at this time. Eagle County Department of Environmental Health: In a verbal response,the Department of Environmental Health recommends,Best Management Practices for water conservation in common landscaped areas, as well as, private yards and lawns. Please reference the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices Eagle County Housing Department: In the attached email dated April 28, 2016,the Housing Department indicated that they are comfortable with the Housing Plan as written and submitted. Colorado Department of Transportation: In the attached email dated April 14,2016, CDOT stated, `Based upon the CDOT Highway Access Code,this won't be considered a major change in use. Therefore,no access permit would be required because the project did not increase the traffic by 20%". Colorado Geological Survey: In the attached response dated April 27, 2016,the Colorado Geological Survey has indicated that, "Subsidence. According to available geologic mapping,the site is underlain by terrace alluvium (river deposits)consisting of boulders, cobbles, and gravel in a sand and silt matrix. The alluvium is derived from and underlain, at an unknown depth,by Eagle Valley Evaporite, containing the soluble minerals gypsum,anhydrite, and halite. Sinkholes, subsidence, ground deformation and settlement due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite and soils derived from it. A large subsidence trough is located approximately 800 feet north of the proposed expansion area. Several sinkholes have been identified less than one- half mile north and southeast of the proposed mobile home park expansion property. Sinkhole formation is an active, although infrequent, geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. HP Geotech does not address the subsidence hazard. Due to the close proximity of collapse features,the subsidence hazard should be evaluated as part of a site-specific geologic hazard investigation to evaluate the site's suitability for the planned residential use and density". In response, HP Geotech,Inc. did prepare a "Geologic Site Assessment Proposed Expansion of Crawford Mobile Home Park Farve Lane, El Jebel, Eagle County Colorado", dated May 10, 2016. Northwest Colorado Council of Governments: In the attached email dated April 21, 2016,NWCCOG states that, "The proposed project is in compliance with the NWCCOG Regional Water Quality Management Plan(the 208 Plan). I agree with the applicant's assessment of the proposed project's consistency with the 208 Plan.',policies found on pages 13-15 of the application". 31 07/19/2016 Basalt&Rural Fire Protection District: In the attached letter dated April 29, 2016, "Fire District staff has previously met with the vested principals of the El Jebel Mobile Home Park, Mid Valley Metropolitan District Engineer(SGM)and the RE-1 School District staff regarding development improvements and infrastructure needs. The fire district has already given its approval for the Mobile Home Expansion with the understanding that we will approve this 1041 Permit as well. The fire district supports the permit application and eventual installation of the infrastructure to be provided by MVMD. This additional service with its looping linkup to other service lines to the south provides for greater efficiency, enhanced fire protection and water quality needs for the area". Basalt Water Conservancy District: In the attached letter dated April 29,2016,the Basalt Water Conservancy District's(BWCD) legal counsel,Balcomb& Green,PC, detailed concerns of the BWCD, as follows: Crawford Properties, LLC is a contractee with the BWCD operating under the District's water supply plan. Crawford Properties,LLC holds District Contract No. 6,which provides a water supply for 604 EQR of domestic(indoor) uses,as well as 20.8-acres of lawn irrigation for its overall El Jebel Mobile Home Park and related development. Contract No. 6 supplies are available for the existing mobile home park,the mobile home park expansion referenced in this application, and other related uses in El Jebel. Crawford Properties, LLC amended its contract in 2013 to increase the supply from 25-acre feet up to 112.6-acre feet in order to serve the entire 604 EQR and 20.8- acres of irrigation. In 2006, Crawford Properties, LLC notified the District that it was utilizing approximately 375 of the 604 EQR. However,in the applicant's 2012 1041 Permit application to extend wastewater treatment to Crawford Properties, LLC existing mobile home park, it stated Crawford Properties LLC required sewer service for only 338 EQR. Using either number, it appears that Contract No. 6 can supply Crawford Properties LLC with water for at least 200 additional EQR. Service to Crawford Properties LLC under Contract No. 6 is provided under the terms of a court-decreed plan for augmentation entered in Case No. 93CW319(the `Decree'). A central component of the Decree is that water is made available to the District to serve Crawford Properties LLC and other constituents through the removal from irrigation(i.e. `dry-up') of approximately 137.2-acres of land owned and historically irrigated by Floyd and June Crawford and their corporations(the `Family'). The Family irrigated this 137.2-acres,as a part of its larger property,with water represented by 441 shares in the Robinson Ditch Company. The Family conveyed these 441 shares to the District and agreed to dry-up an associated 137.2-acres of its lands for the District's benefit. In exchange,the District adjudicated the Decree to serve 604 EQR to be developed by the Family in El Jebel, among other terms and conditions. The Family promised to designate the dry-up lands over time as El Jebel grew and as water was needed by the District for service under the Decree. The Project(meaning the El Jebel Mobile Home Park Expansion, as defined in the application at Section 2.1)area is within the lands historically owned and irrigated by the Family with the 441 shares it conveyed to the District. In approximately 2006, Crawford Properties LLC, or its predecessors, designated all of the land within the Project boundary as part of the 137.2-acres of dry-up required to make water available under the District's 441 shares to serve Crawford Properties LLC and other users under the Decree. The District has several major concerns with the impact of this application to the District's water supply plan and existing service to Crawford Properties LLC. The first concern pertains to proposed outdoor irrigation within the Project. The application states that Crawford Properties LLC will utilize its water rights in the Robinson Ditch to irrigate the Project. As explained above,the land within the Project is part of the 137.2-acres that must be dried-up, as designated by the Crawford Properties LLC and its predecessors,to generate water supply to serve Crawford Properties LLC and other District constituents under the Decree. Crawford Properties LLC cannot irrigate this acreage with Robinson Ditch water, because it has promised the District to dry it up. If Crawford Properties LLC re-irrigates the Project with Robinson Ditch water the District may not have adequate dry-up acreage available,putting the legal water supply for the existing Crawford Properties LLC mobile home park,related El Jebel development and several dozen other Eagle County constituents at risk. In other words,the proposal to irrigate the Project using Robinson Ditch water puts at risk the water supply for hundreds of Eagle County residents. 32 07/19/2016 A second concern relates to potential connection of the existing Crawford Properties LLC water system and the applicant's proposed extension system. The application in File No. ZS-6027 suggests that the existing Crawford Properties LLC system may `add redundancy as a second water system if there are ever any problems' with the applicant's proposed extension application(this proposed 1041 Permit), the Crawford Properties LLC existing water supply is operated under the Decree, and relies on water rights and supplies owned or controlled by the District. The District has not given permission for Crawford Properties LLC, or the applicant to utilize its water supplies as a back up to the applicant's proposed system extension. This concept has not even been proposed to the District by the applicant or Crawford Properties LLC. Connection between the existing Crawford Properties LLC system and the applicant's proposed extension should not be considered in or permitted through Eagle County's review of the application. A third concern pertains to the applicant's statement in Section 6.2, Page 24 of the application. The applicant proposes to serve an additional 46 residences and associated 46,000 square feet of irrigation by this extension. The District,pursuant to Contract No. 6,has already committed to provide Crawford Properties LLC with water supply service for these same uses in the Project area. There is more than enough water supply remaining under Contract No. 6 for the Project. As a result,the applicant's statement in Section 6.2 is incorrect. The application will result in duplicate water supply service. If the applicant is allowed to provide water service to the Project, Crawford Properties LLC should first be required to amend Contract No. 6 to relieve the District of the identical service obligation in order to make these public water supplies available to other constituents,including those in Eagle County. In reviewing the application, along with the companion Special Use Permit application,the District became aware that the applicant undertook the sewage treatment for Crawford Properties LLC existing mobile home park in approximately 2013. This is a fourth and critical concern to the District,which was not consulted about this change. The legal water supply for the existing mobile home park and other development now treated by the applicant is provided under District Contract No. 6, operated under the Decree. The Decree operates based on wastewater return flow associated with sewage-treatment facilities and other treatment practices located within the Crawford Properties LLC property,but which appear to have been abandoned or discontinued as a result of the applicant's assumption of service. As a result,the applicant's assumption of wastewater service to the existing mobile home park appears to be inconsistent with the requirements of the Decree,and may have imperiled the water supply for that development and other Eagle County constituents utilizing District supplies in the Blue Creek drainage. Eagle County should refrain from approving the applicant's request to extend water supply to the Project until the potential impact of the applicant's treatment of Crawford Properties LLC wastewater in contravention of the Decree is resolved. In response, the applicant's legal counsel, Waterlaw Patrick, Miller, Noto responded in the attached letter dated April 12, 2016, as follows: 1) Mr. Geiger correctly notes that Crawford Properties LLC operates a private water system servicing 604 EQR under Basalt Water Conservation District Contract No. 6. The BWCD is concerned that if a portion of the development is now served by Mid-Valley Metropolitan District, that BWCD water will be unnecessarily tied-up without a beneficial use. Once the development is approved and densities are finalized, the Applicant will then work with BWCD to adjust the contract amounts required under.Allotment Contract No. 6. This should satisfy the BWCD's concern of committing water resources. 2) Mr. Geiger notes that the land which is a part of this phase has been scheduled for dry-up pursuant to a 1992 Agreement with the BWCD, which is contrary to the application which proposes that 2.131-acres (plus a minimal amount of dripped irrigation) will be irrigated within the phase. This requires between 20- 25 gallons per minute (0.055 cfs +/-). The applicant's interests within the Robinson Ditch Company, which are not encumbered by a dry-up obligation to the BWCD, described below are more than adequate to provide irrigation of this phase. Alternatively, a raw water irrigation well backed by a BWCD Allotment Contract could always be developed, should the client prefer. 33 07/19/2016 Pr.No. Decree Adjud Date Approp Date Use Decreed Amount(cfs) Amt Owned(cfs)* 38 CA132 5/11/1889 6/15/1882 Irrig 5.0 0.27 140 CA132 5/11/1889 4/15/1886 brig 2.5 0.135 167 CA132 5/11/1889 11/15/1886 brig 2.0 0.108 212C CA1061 12/29/1903 4/25/1889 Iriig 10.7 0.587 326 CA3082 8/25/1936 4/25/1900 Iriig 20.06 1.112 Town of Basalt: In the attached letters dated March 29, 2016, and April 14,2016,the Town re-submitted the comments provided for the companion Special Use Permit application ZS-6027, for the Mobile Home Park. Additionally,the Town recommends that the extension of water and sanitary sewer service be contingent upon Eagle County's approval of the Mobile Home Park Development Review Application for the site. The Town's comments provided for the companion Special Use Permit application are as follows: 1) The site is located outside of the Town's Urban Growth Boundary(UGB),but it has Future Land Use Designation provided for it in the 2007 Basalt Master Plan. The Basalt Future Land Use Map in the 2007 Basalt Master Plan designated the site as Medium Density Residential and Open Space. Additionally,the Town adopted the El Jebel Subarea Plan in 2013 after the Mid-Valley Area Community Plan was adopted by Eagle County in order to better align the Town's future land use policies for the El Jebel area with the recommendations included in the Mid-Valley Area Community Plan. The site subject to this application is identified as Service/Mixed Use Commercial/Industrial on the future land use map adopted as part of the El Jebel Subarea Plan. 2) The Basalt P&Z believes that the proposed land use pattern of 46 additional mobile homes is consistent with the Basalt Master Plan. The Basalt P&Z finds the proposal to be a logical residential expansion location as it is located in an area between the existing El Jebel Mobile Home Park and the suburban Blue Lake Subdivision. Additionally,the Basalt P&Z believes that the proposal is consistent with the main theme of the El Jebel Subarea Plan,which was to primarily cluster the residential density on the south side of JW Drive in order to maintain the Elk Farm and flood irrigated property on the north side of JW Drive. Basalt P&Z believes that the proposal is also consistent with the Manufactured Housing Overlay typology in the Basalt Master Plan. 3) The Town P&Z feels that this site is an appropriate site for infill residential development and it is important to recognize that this site is very much different from the site of the proposed Fields Subdivision on the south side of Highway 82. The site of the proposed El Jebel Mobile Home Park Expansion does not require significant extension of utility services and is in a pocket between densely developed areas(the existing Mobile Home Park and Blue Lake Subdivision),whereas the proposed Fields Subdivision would push the limits of suburban development beyond its current boundaries. Additionally,the site of the proposed El Jebel Mobile Home Park expansion takes its primary vehicular access from El Jebel Road; and the El Jebel Road/Highway 82 intersection on the north side of Highway 82 is slated to be improved with a plan that the Town supports to help mitigate the current and future traffic impacts. By comparison,the Town does not currently support the Valley Road/Highway 82 intersection improvements contemplated for the south side of Highway 82 that would be necessary to accommodate the additional traffic that would be generated by the proposed Fields Development. 4) The Town's IGA with Eagle County has language requiring the County to consider using the higher of the Town's and Eagle County's Community Housing requirements,which in this case would be the Town's current requirement that 25%of the residential square footage be provided in price/rent capped units. The Town recognizes that the nature of the proposed free market mobile home units is such that they are proposed to be attainable by design and are targeted at individuals/families making 100%of the Area Median Income(AMI). Due to the nature of the proposed development and the location,the Town believes 34 07/19/2016 permitting a reduction in the requirement for deed restricted affordable housing is warranted,but would recommend applying a requirement between the 25%in the Town Code and the 12.5%proposed by the applicant and allowed for consideration by the Eagle County Housing Guidelines. Applicant's Response to Comment#4: Crawford Properties LLC has been providing attainable housing opportunities to the Mid Valley area for the last 50 years, and has a strong track record for providing attainable housing. The combination of deed restricted rentals (13%of the 46 unit expansion) new attainable rentals (40 of the 46 unit expansion)plus the 289 existing units all focus on attainable housing in for the Mid Valley. The 6 units of deed restricted housing will add to the mix of already attainable units in the El Jebel MHP. Additional fees or deed restrictions on units that already focus on attainability do not seem appropriate. 5) The Town understands that the applicant is working with the We-Cycle organizers to include the appropriate infrastructure that would be needed to locate a We-Cycle station in the El Jebel area and the Town encourages such efforts to continue and include the proposed expansion area. Applicant's Response to Comment#5: Indeed Crawford Properties is working with We-Cycle for a station in El Jebel. 6) The Town recognizes that the applicant has provided significant land in the past to the School District for the construction of a new elementary school to serve the students living in the El Jebel area and rented land and facilities for daycare. The Town applauds the contribution that the applicant has made to the School District and daycare. That said,the Town recommends that Eagle County consider asking for a contribution to be made by the applicant to mitigate the proposed development's impacts on the local schools and daycares that are needed to serve this new development. Ideas for contributions could include making some of the units available to the School District and daycare employees as a 1st priority, locating additional daycare in the El Jebel area,or payment of a daycare fee as the Town did at Willits Town Center. While Eagle County Staff appreciates these recommendations, however; due to the lack of a nexus between how many children will be residing in the 48 proposed new residences and the resulting impact upon daycare facilities, Eagle County cannot require this as a condition of approval. Further, the School Land Dedication/Fees-In-Lieu of School Land Dedication regulations are applicable only when a property is being subdivided. In this instance, the Special Use Permit, if approved, will allow 48 additional residential units; however, the underlying land is not being subdivided. As such, the regulations particular to subdivisions cannot be applied. Applicant's Response to Comment#6: As mentioned in the Basalt letter, Crawford Properties has worked with the RFSD regarding a much needed location for a bus maintenance facility and a new elementary school site in El Jebel. Crawford Properties also has two daycare facilities onsite in El Jebel. Crawford Properties will continue to work with the RFSD and the onsite daycares to ensure that quality education and daycare services are available to its El Jebel residents. Again, related to support if the RFSD and onsite daycare facilities, additional fees or deed restrictions on units that focus on attainability do not seem appropriate. 7) The Town P&Z believes that the proposed development will have an impact on the Town's Police Services. Due to the Town's central location in the mid-valley,the Town is often the first responder to traffic accidents and calls to residences and businesses in unincorporated Eagle County. The Town P&Z supports the efforts of the Basalt Police Department and the Eagle/Pitkin County Sheriff Offices to provide coordinated regional law enforcement in the mid-valley area and recommends these agencies continue to work together to coordinate their law enforcement responsibilities and costs, and not single out individual neighborhoods to fund their own law enforcement. 35 07/19/2016 That said,the Town requests that a mechanism be formulated that would ensure that the Town is reimbursed for Town services to make up for the existing law enforcement deficiencies in Eagle County's service of the Roaring Fork Valley and to cover the proposed development. The Town recommends that $25,793.08 (calculation methodology attached)be provided to the Town on an annual basis to reimburse the Town for expected Town Police services to help Eagle County provide law enforcement services to the proposed development. The Town believes that this annual reimbursement should be paid beginning upon the issuance of the first certificates of occupancy within the development and should include an annual escalator to account for inflation. Applicant's Response to Comment#7: Crawford Properties agrees with the P&Z statement to support the efforts of the Basalt Police Department and the Eagle/Pitkin County Sheriff Departments to provide coordinated regional law enforcement in the mid-valley area and that these agencies continue to work together to coordinate their law enforcement responsibilities and costs, and not single out individual neighborhoods to fund their own law enforcement. Based on this statement, Crawford Properties does not agree that the El Jebel MHP should be singled out as a neighborhood to pay Basalt for their police protection and law enforcement services. 8) The School District is considering a pilot program in the mid-valley with the Town and others to ensure that wireless internet infrastructure is available in denser neighborhoods. The Town recommends that Eagle County ask the applicant to work with the School District and others on any pilot program to include wireless internet service infrastructure. Again, Staff appreciates the Town's intent with this recommendation; however, there is no nexus between this request and the impacts that will be realized by the proposed new 46 mobile home units. That said, the Crawford Family is aware of this request, and has a long history of constructive collaboration with the RE-1 School District and other public entities serving the El Jebel vicinity of Eagle County. Applicant's Response to Comment#8: As there is not a link between the RFSD WIFI program and the expansion of the El Jebel MHP, it does not seem appropriate to make this a condition of approval. Garfield County: In the attached email dated March 30th, 2016, Garfield County indicated that it has no comments on this application. Pitkin County: In the attached letter dated dated April 14, 2016, Pitkin County offers the following recommendations. With the intent of minimizing the impact of proposed development on water quality and quantity,we recommend conditioning the 1041 approval upon the following representations made in the application: 1) Minimize landscaping, and integrate water efficiency into landscape design using low water plant species and efficient irrigation systems. (Encourage xeriscaping.) 2) Require applicant to provide CSU Extension Agency Guides regarding, "Household Water Conservation"and"Protection of Water Quality&the Environment"to all residential unit leaseholders. 3) To limit impact on streamflows, require use of groundwater wells for domestic water supply and raw water from the Robinson Ditch for irrigation. This recommendation to use groundwater wells for domestic water is counter to the entire proposal. Further, below in Pitkin's response, they indicate that they generally support the project, in part because it is within the Mid-Valley Metropolitan District's Service Plan area; this statement is the inverse of the above statement recommending the use of groundwater wells as the domestic water source. The Crawford Properties LLC is proposing raw water landscape irrigation with rights it owns in the Robinson Ditch. 36 07/19/2016 4) In the short-term, require water sensors in yards and common areas that indicate when outdoor watering really needs to take place. 5) In the longer-term, as the District requests additional service expansion, ask them to explore a system for equitably establishing a water budget for each new home; and implementing a rate structure that would penalize overuse of indoor and outdoor water. Pitkin County anticipates submitting comments regarding the land use review for the proposed El Jebel Mobile Home Park Expansion by April 30th. We generally support the concept of the development of modest rental units in this specific location(and within the District's current Service Plan area) as an expansion of the existing mobile home park, which supports a local working population. That said, forthcoming comments will acknowledge concerns relating to impacts to the El Jebel/Highway 82 intersection, and traffic implications for Highway 82. It is recommended that the Mid-Valley Metropolitan District's service extension approval be contingent upon subsequent approval of the Mobile Home Park Expansion proposal. Roaring Fork Valley Regional Planning Commission: On May 19,2016,the RFVRPC heard the companion Special Use Permit application(ZS-6027) and unanimously recommended approval with conditions. In so doing, the RFVRPC likewise found all of the applicable 1041 Permit Criterion, for which the Planning Commission is the expert review agency,to be positively satisfied. FINDINGS AND RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Chapter VI, Section 6.04.01,Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials,the following analysis is provided. The Approval Criteria is numbered and indicated in bold font. A summary response is provided with the recommendation indicated in the findings box. A Permit to conduct a designated activity of state interest or to engage in development in a designated area of state interest shall be approved if the Project complies with the following general criteria and any additional applicable criteria in Sections 6.04.02 or 6.04.03. If the Project does not comply with any one or more of these criteria,the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed,the Permit Authority may utilize the considerations set forth in Chapter VI, Appendix `A' of the Eagle County Land Use Regulations. (1) Documentation that prior to site disturbance for the Project the applicant will have obtained all necessary property rights,permits and approvals. The Board may,at its discretion,defer making a final decision on the application until outstanding property rights,permits and approvals are obtained. Per the application, "Crawford Properties LLC will develop the Project on 13.6-acres of the Crawford Properties LLC Type A Minor Subdivision,Parcel `A'. Crawford Properties LLC is also the applicant for the El Jebel Mobile Home Park Expansion Special Use Permit. Crawford Properties LLC will dedicate access and utility easements to Mid Valley Metropolitan District for the extension of the water and wastewater sewer lines. Prior to site disturbance for the Project, Crawford Properties LLC will obtain all necessary property rights,permits and approvals." State Permits and Approvals: • Stormwater Discharge Permit Eagle County Permits and Approvals: 37 07/19/2016 • Approval of this 1041 Permit application. • Approval of the companion El Jebel Mobile Home Park Special Use Permit application. • Grading Permit(s). • Building Permit(s). Mid Valley Metropolitan District: • • Line Extension Agreement between Crawford Properties LLC and the Mid Valley Metropolitan District. The above itemized list of permits and approvals are required prior to site disturbance. (2) The Project will not impair property rights held by others. Per the application: "The Project will not impair property rights held by others. It is located on land that is currently vacant and has previously been used by RFTA for a Park and Ride lot and for some Crawford Properties LLC light industrial/storage uses. All easements on the property have been addressed so that they are not negatively impacted and are shown on the Crawford Properties LLC Type A Minor Subdivision Plat. There are surface water rights from the Robinson Ditch that currently serve portions of the 114.4-acre Parcel `A' where the Project is to be located. Irrigation within the Project will be accomplished using these surface water rights. An irrigation water supply system will be designed to distribute irrigation water to the Project. Irrigated areas for each mobile home will be minimal and will not require extensive irrigation. Drip irrigation will be utilized wherever possible to minimize the evaporative loss of water from spray irrigation systems and to distribute water on a low flow basis to specific plant locations". Staff concurs that the Project will not impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. Per the application: "The Project is consistent with relevant provisions of Eagle County's Future Land Use Map of the Mid Valley Area Community Plan and the Future Land Use Map of the Basalt Master Plan. Following is a summary of the proposed Project relative to the policies of the Regional Water Quality Management Plan(the 208 Plan): 208 Plan Policy 1. Protect and Enhance Water Quality. The surface and ground waters of the region shall be protected to minimize degradation of existing water quality and maintain existing and designated uses of those waters; waters not currently supporting designated uses shall be restored as soon as is financially and technically feasible. Applicant's response to Policy 1: Erosion control devices will be installed to control runoff and sediment from the El Jebel Mobile Home Park Expansion including nonpoint sources of pollution during the construction phase of the Project and stormwater runoff after completion of the Project. Each residence will have a small 1,000+/- square foot lawn and the front yards of each residence will contain river cobble with crushed granite planting beds for shrubs and street trees. The small lawn, cobble, and crushed granite areas will serve as pervious drainage areas for the Project. For additional information on the erosion control devices, refer to the Drainage Report prepared by SGM that is attached as an Exhibit to the 1041 Permit application. 38 07/19/2016 Crawford Properties LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the"Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use these tools as guides for water conservation and water quality protection within the Project. These two referenced documents are attached as Exhibits to the 1041 Permit application. 208 Plan Policy 2. Water Use and Development. The Project developer shall mitigate the impacts to water quality and the aquatic environment caused by water Projects. Applicant's response to Policy 2: The Project design is intended to minimize the problem of depleted stream flows between the point of water supply diversion and the return flows at the wastewater treatment facility. The Project will utilize groundwater wells as a source of domestic water supply. Water conservation guidelines are included in the"Homeowner's Guide to Household Water Conservation(XCM-219)'; or in the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices,the former of which is included as an Exhibit to the 1041 Permit application. Raw water is proposed to be provided from a lateral of the Robinson Ditch located adjacent to the Project. A raw water irrigation system will be constructed throughout the development as part of this Project. The water rights for the raw water system are owned by the Crawford Properties LLC and the raw water irrigation system will be privately owned and maintained by Crawford Properties LLC. The net effect is that the Project will have very limited effects on stream flows and thus on the aquatic environment or water quality from loss of dilution. 208 Plan Policy 3. Land Use and Disturbance. Water quality, including wetlands,floodplains, shorelines and riparian areas, must be protected from land uses and development so that significant degradation of water quality is prevented. Applicant's response to Policy 3: The major extension of water and sewer treatment systems will result in minimal disturbance. There are no wetlands, floodplains, shorelines or riparian areas on this Project site, or off-site that will be affected by the extensions of the water and sewer services. The Preliminary Engineering Plans and Report have been prepared according to Eagle County and MVMD standards and are attached as an Exhibit to the 1041 Permit application. 208 Plan Policy 4. Domestic, Municipal, and Industrial Water and Wastewater Treatment Facilities. Decisions to locate water supplies, wastewater treatment systems, and other water and wastewater facilities shall be made in a manner which protects water quality and the aquatic environment. Where growth and development requires the need for additional facility capacity, existing facilities should be expanded in lieu of developing new facilities, unless expansion is not feasible because of technical, legal or political reasons. Applicant's response to Policy 4: The MVMD is the appropriate agency to provide sewer and,water service to the Expansion of the El Jebel Mobile Home Park. The proposed Project is in the MVMD's service area. MVMD is in compliance with their discharge permit. 208 Plan Policy S. Chemical Management. The use of pesticides,fertilizers, algaecides, road deicing and friction materials, and other chemicals which would temporarily or permanently cause a significant degradation of water quality or impair the current or designated uses of these waters should 39 07/19/2016 be regulated to the extent allowed by law in a manner that minimizes potential for degradation of water quality. Applicant's response to Policy 5: Crawford Properties LLC will provide each household with the "Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use this tool as a guide for water quality protection within the Project. This document is attached as an Exhibit to the 1041 Permit application. 208 Plan Policy 6. Management System. Management agencies are designated to best reflect their legal and jurisdictional authorities. The waters of the region shall be protected by a management agency structure within the existing governmental and regulatory framework that allows decisions to be made at the most appropriate level of control. For nonpoint source pollution control the recommended level of management is at the watershed level. Applicant's response to Policy 6: Eagle County is the designated Management Agency to oversee the potential water quality aspects of the proposed Expansion of the El Jebel Mobile Home Park. Eagle County's 1041 permit requirements and other measures in the Land Use Code will effectively minimize the risk of any water quality issues. Mid-Valley Metropolitan District is the Management Agency responsible for the point source discharge stemming from this Project. This management agency structure provides the most appropriate framework for oversight of water quality protection." Staff concurs that the Project is consistent with the relevant provisions of the applicable land use and water quality plans; namely the Mid Valley Area Community Plan, the 2009 Basalt Master Plan, and the 208 Regional Water Quality Management Plan. In the attached email dated April 21, 2016, NWCCOG states that, "The proposed project is in compliance with the NWCCOG Regional Water Quality Management Plan (the 208 Plan). I agree with the applicant's assessment of the proposed project's consistency with the 208 Plan policies found on pages 13-15 of the application". Staff would add that the Project is also consistent with the relevant recommendations of the Eagle County Comprehensive Plan, as follows: 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. Housing 3. Water Resources 4. Wildlife Resources S. Environmental Quality Applicable General Development Goals,Policies and Recommended Strategies: • Promote compact, mixed-use development within or adjacent to existing community centers". 40 07/19/2016 • "Ensure that all plans for development recognize the need to improve social equity". • "Ensure that all plans for development recognize the need to maintain a healthy economy: • "Intersperse parks and properly scaled public spaces within and throughout areas of higher-density development". • "Design and locate development to minimize and/or mitigate identified impacts". Applicable Housing Goals,Policies and Recommended Strategies: • `Affordable workforce housing should be located near job centers". • "Provide incentives to developers who develop workforce housing". • `Mandate that attainable workforce housing be considered part of the required infrastructure for all new development applications." The subject property is located within the main El Jebel community center area and is identified in the Town of Basalt Master Plan as being within the Town's Urban Growth Boundary. The subject property is located within walking distance to the main commercial areas of El Jebel, thus striving to meet the goal of providing "affordable workforce housing"near job centers. The subject property is served by adequate public roads and has specifically been designed to provide appropriate residential density. Applicable Water Resources Goals,Policies and Recommended Strategies: • "Require developers to demonstrate that a legal and physical water supply exists for their development". • Use a standard of extended drought conditions to determine the viability of the physical water supply proposed for a new development". • "Utilize current water quantity information in all development applications and I planning reviews". • "Protect source water areas and reduce the potential for source water contamination". • "Ensure that development does not adversely affect the recharge of groundwater resources". • "Encourage the use of water efficient landscape materials and landscape irrigation methods". • "Evaluate efficiencies of non potable water usage for golf courses and other landscaped areas". • "Support the implementation of voluntary and mandatory water conservation measures". • `Adhere to established Land Use Regulations and implement appropriate water quality best management practices (BMP's) on all development proposals". 41 07/19/2016 • "Require buffer areas of natural vegetation between new developments and created or natural drainage ways". • "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". The Project endeavors to incorporate as many of these recommendations as are practicable; while still maintaining affordable residential outcomes. Applicable Wildlife Resources Goals,Policies and Recommended Strategies: • "Support projects intent on removing or minimizing human-made barriers to wildlife migration". • "Develop and implement projects that enhance existing wildlife habitat". • `Direct development away from areas of critical wildlife habitat". • `Implement and enforce referral recommendations of local wildlife officials". • "Consider the impacts of each new development proposal in context with other existing or potential developments". • "Encourage high-density development within existing community centers". • "If ornamental landscape plants are used, encourage species that are unpalatable to wildlife". • "Require wildlife proof refuse containers for all new and existing subdivisions". The application was referred to the Colorado Geologic Survey for comment and the Applicant has responded to CGS issues, concerns and recommendations.A site specific geologic/soils investigations and mitigation/designs for individual structures, at the time of building permit application will be required. Applicable Environmental Quality Goals,Policies and Recommended Strategies: • "Assure access to multi-modal transportation options for all residents, second home owners and visitors". • `Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". • "Focus development within towns and communities to reduce the need for daily commuting". • "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals". • "Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles". • `Design communities in a way that reduces fossil fuel consumption for heating or cooling". • Implement energy efficiency guidelines. 42 07/19/2016 • Implement energy saving techniques. The project is specifically designed to "assure access to multi-modal transportation options."The property and proposed residential and commercial development is situated within walkable (within '/ mile; 10-minute walk)proximity to transit service,provides intermodal connections to regional and local bike and pedestrian networks. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. Per the application: "MVMD has the necessary and financial capability to develop and operate the Project consistent with all requirements and conditions. Crawford Properties LLC will finance and construct the Project to MVMD specifications. Once completed,the water and sewer infrastructure shall be owned and operated by MVMD. Staff concurs that the applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. Per the application: "The Mid-Valley Metropolitan District has the capacity to serve both the water and sanitary sewer aspects of the Expansion of the El Jebel Mobile Home Park. The Project will tie into existing MVMD infrastructure for both water and sanitary sewer. To the northwest of the Mobile Home Park Expansion area is an existing 8"waterline stubbed out and capped at the east edge of the Blue Lake Subdivision. There is also a 12" waterline stubbed out southwest of the site at the intersection of El Jebel Road and Farve Lane near Wendy's. An 10"connection will be made at the east edge of the Blue Lake Subdivision and will be reduced to an 8"loop to serve the new mobile home park. Another 10"connection will tie into the existing 12" water line near Wendy's and connect to the 8"loop at the mobile home park site. Creating a loop will provide an upgrade to the existing water infrastructure near Blue Lake Subdivision. There is an existing pressure reducing valve(PRV), located 0.5-miles west on JW Drive,which reduces the pressure within the Blue Lake Subdivision. MVMD is removing the PRV and paying to install residential PRV's in the 130 homes that would be affected by the increase in pressure. Removing the PRV and creating a loop in the water system will allow the proposed water infrastructure for the Project to create the loop from Wendy's to Blue Lake,which will increase flow,pressure,and redundancy of the Project. A water model of the proposed infrastructure in conjunction with MVMD's existing water system was recently modeled by SGM to verify that adequate pressure and fire flow will be achieved. The water model showed the proposed waterline layout in this submittal will provide the minimum fire flow requirements including: 1,500 GPM fire flow and an available fire flow of 4,000 GPM at a minimum pressure of 20 PSI. Crawford Properties LLC will finance the construction of the Project. Once completed,the water and sewer infrastructure shall be owned and operated by MVMD." Staff concurs that the Crawfor Properties, LLC and Mid Valley Metropolitan District have the necessary expertise and financial capability to operate the Project consistent with all requirements and conditions. 43 07/19/2016 (6) The Project is not subject to significant risk from natural hazards. Per the application: "The Project is mapped in a Low Wildfire Hazard Area. There are no mapped avalanche or rockslide hazards within the Project. The Project is not located in or near a mapped floodplain. A Preliminary Geotechnical Engineering Study was completed for the Project by HP Geotech and is included as an Exhibit to the application materials. The subsurface conditions at the site were evaluated by excavating five exploratory pits. The subsoils encountered,below about 6 inches of topsoil, silty sand gravel with cobbles. Results of a gradation analysis performed on a sample of the sandy gravel(minus 5 inch fraction)obtained from the site are presented in the report. No free water was observed in the pits at the time of excavation and the soils were slightly moist to moist." The Colorado Geological Survey response indicated the following: "Subsidence. According to available geologic mapping, the site is underlain by terrace alluvium (river deposits) consisting of boulders, cobbles, and gravel in a sand and silt matrix. The alluvium is derived from and underlain, at an unknown depth, by Eagle Valley Evaporite, containing the soluble minerals gypsum, anhydrite, and halite. Sinkholes, subsidence, ground deformation and settlement due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite and soils derived from it. A large subsidence trough is located approximately 800 feet north of the proposed expansion area. Several sinkholes have been identified less than one-half mile north and southeast of the proposed mobile home park expansion property. Sinkhole formation is an active, although infrequent, geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. HP Geotech does not address the subsidence hazard. Due to the close proximity of collapse features, the subsidence hazard should be evaluated as part of a site-specific geologic hazard investigation to evaluate the site's suitability for the planned residential use and density". In response, HP Geotech, Inc. did prepare a "Geologic Site Assessment Proposed Expansion of Crawford Mobile Home Park Farve Lane, El Jebel, Eagle County Colorado", dated May 10, 2016. With the additional Geologic Site Assessment, Staff concurs with the applicant's analysis that the Project is not subject to significant risk from natural hazards. A condition of approval is recommended that at the time of building permit application for each mobile home unit, that a site specific geologic assessment be prepared for each site and that the foundation system incorporates the recommendations of the site specific geologic assessment. (7) The Project will not have a significant adverse effect on land use patterns. Per the application: "The existing land use patterns surrounding the El Jebel Mobile Home Park Expansion include the existing mobile home park, additional low to medium density residential, and some mixed use commercial development. Upon full build-out,the Project will also have a low to medium density of 3.4 dwelling units per acre, with similar land use patterns as the existing El Jebel Mobile Home Park. The El Jebel Mobile Home Park Expansion is essentially an infill Project within the existing developed areas of El Jebel and adjacent to the existing mobile home park and will be compatible with the surrounding land use patterns. The Project is planned to coincide with the development of the El Jebel Road Roundabout that is being partially funded by the Crawford Properties LLC for its future development Projects. The roundabout, traffic patterns, connecting roads,and intersections have been designed to accommodate the traffic 44 07/19/2016 associated with the Project. Eagle County Engineer, Eva Wilson, determined at the Pre-Application Meeting that the traffic volumes associated with the Project will not warrant a traffic study. Staff concurs that the Project will not have a significant adverse effect on land use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services,or exceed the capacity of service delivery systems. Per the application: "Service providers for the Project include: • Domestic Water—Mid Valley Metropolitan District • Sewer—Mid Valley Metropolitan District • Police—Eagle County Sheriff's Office • Schools—RE1 School District • Fire—Basalt&Rural Fire Protection District • Public Transit—Roaring Fork Transportation Authority The Project is planned to coincide with the development of the El Jebel Road Roundabout that is being partially funded by Crawford Properties LLC for its future development Projects. The roundabout, traffic patterns, connecting roads, and intersections have been designed to accommodate the traffic associated with the Project. Crawford Properties LLC will provide pedestrian access to the existing pedestrian underpass that services RFTA's Bus Rapid Transit Stations within %-1 mile of the Project." Staff concurs that the Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. Per the application: "MVMD has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. Crawford Properties LLC will finance and construct the Project to MVMD specifications. Once completed,the water and sewer infrastructure shall be owned and operated by MVMD. The Project will increase property tax, sales tax revenues,as well as,revenues from Eagle County permit fees. There will be no changes in costs to water users to exercise their water rights,nor will there be changes in costs of water and wastewater treatment as the Project is not being funded or financed by the MVMD." Staff concurs that the Project will not create an undue financial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. Per the application: "The 46 units proposed in the Project are an expansion of the existing 298 units in El Jebel Mobile Home Park that is currently owned and operated by Crawford Properties LLC,on adjoining areas of the 114.4-acre parcel. The El Jebel Mobile Home Park Expansion is proposed as an addition to the affordable community that already exists on the property,with access to the services that are currently provided in El Jebel,within '-12 mile of the El Jebel RFTA Bus Rapid Transit station, and within walking distance to a future RE-1 elementary school. This Project will provide pedestrian access to RFTA regional transit,a future RE-1 elementary school,parks and open space, and 45 07/19/2016 a pedestrian system that links the Project to services that already exist in El Jebel. The Project will support the local economy in the El Jebel area." Staff concurs that the Project will not significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. Per the application: "The Project will connect to the recreational opportunities in El Jebel including the existing ball field and a future playground at the ball field. The site design includes a variety of open space parks and a pedestrian and bicycle trail system that will contribute to the health of the El Jebel community. Staff concurs that the Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principles of resource conservation, energy efficiency and recycling or reuse. Per the application: "The system for rating the efficiency of the manufactured homes shall be based on the"ENERGY STAR Certified Manufactured Home"program. The benefits of owning an "ENERGY STAR Certified Manufactured Home"include the following: •Less Expensive to Run: An ENERGY STAR Certified Manufactured Home uses substantially less energy for heating, cooling and water heating than a standard manufactured home. Homeowners can expect to save hundreds of dollars each year on utility bills. •More Comfortable. Properly installed energy-efficient improvements, such as increased insulation, tightly sealed air ducts and ENERGY STAR certified windows,provide better protection against heat, cold, drafts, and noise. •Better Value. Appraisers and lenders recognize the value of ENERGY STAR certified homes at the time of home sale. • Good for the Environment. The energy used in your home is most often generated from the burning of fossil fuels by power plants,which contributes to smog, acid rain,and greenhouse gas emissions. So the less energy we use at home,the less air pollution we generated. This creates a better environment for everyone,now and for generations to come. The El Jebel Mobile Home Park Expansion is proposed as an addition to the affordable community that already exists on the property,with access to the services that are currently provided in El Jebel within %-'/z mile of the El Jebel RFTA Bus Rapid Transit station, and within walking distance to a future RE-1 elementary school,reducing the need for motorized transportation. Landscaping within the Project has been designed to provide shade, enhance visual appearance, increase air quality,use native plant materials where practical, and to promote a healthy living environment. The landscape plan has been developed with minimal grass areas that will require spray irrigation. Each residence will have a small 1,000+/- square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebel area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble, and crushed granite areas also serve as pervious drainage areas for the Project. 46 07/19/2016 Crawford Properties LLC is proposing to provide a raw water irrigation system for landscaping; using water rights it owns in the Robinson Ditch. Crawford Properties LLC will explore curbside recycling services in the community by one of several local waste collection companies. Staff concurs that the planning, design and operation of the Project shall reflect principles of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. Per the application: "The proposed residential Project will not significantly degrade air quality. Wood burning devices within the proposed Project are prohibited. While there may be a potential for effects to air quality as a result of the addition of 46 dwelling units and associated vehicles,the proximity of the Project within %-''A mile of the El Jebel RFTA Bus Rapid Transit station,within walking distance to a future RE-1 elementary school and a variety of commercial retail, services. Erosion control devices will be installed to control runoff and sediment from the El Jebel Mobile Home Park Expansion. Staff concurs that the Project will not significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. Per the application: "The Project site is not readily visible from many other locations due to surrounding development. Some portions of the site may be visible from Highway 82 through Eagle Crest Nursery. The inclusion of street tree plantings within the Project will help it fit in with the existing development in the El Jebel area. There is no proposed ridgeline, or hillside development within the El Jebel Mobile Home Park Expansion." Staff concurs with the applicant's assessment that the Project will not significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. Per the application: "Each residence will have a small 1,000+/-square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebl area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble, and crushed granite areas also serve as pervious drainage areas for the Project. Crawford Properties LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)'; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use these tools as guides for water conservation and water quality protection. Erosion control devices will be installed to control runoff and sediment from the El Jebel Mobile Home Park Expansion." Staff concurs that the Project will not significantly degrade surface water quality due to the potential for very little runoff. As set forth in the applicant's Drainage Report, 47 07/19/2016 "Initial drainage analysis of the existing site conditions concludes that the soils of the pervious pre-developed lot naturally absorbs and permeates run-off to the groundwater table without any existing drainage infrastructure. The preliminary geotechnical report indicates existing conditions of the site to be 1 foot or less of topsoil comprised of organic silty sand and gravel. The layer underneath the topsoil is comprised offree draining gravel and cobbles; sandy, slightly sandy, dense, light brown and rounded rocks which collectively have a high hydraulic conductivity property. Initial ideas of a storm sewer system were discussed but were hard to justify based on these conditions. Post-Developed hydrologic analysis showed a significant increase, 12,330 cubic feet, in runoff volume due to the development of roads, sidewalks and homes creating a large footprint of impervious surface. The increase in volume was expected, but site developments will be engineered to ensure the excess runoff is self-contained. Taking full advantage of the pre-developed site's existing conditions the drainage plan as explained in this report utilizes those conditions with post-developed landscaping and engineering to incorporate a plan that is sustainable, efficient and will significantly decrease environmental impact." (16) The Project will not significantly degrade groundwater quality. Per the application: Per the application: "Each residence will have a small 1,000+/-square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebel area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble, and crushed granite areas also serve as pervious drainage areas for the Project. Crawford Properties LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use these tools as guides for water conservation and water quality protection. Staff concurs that the Project will not significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands,and riparian areas. Per the application: "There are no designated wetlands or riparian areas in the Project area. Groundwater depletions associated with this Project will be minimal. Staff concurs that the Project will not significantly degrade wetlands, and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. Per the application: "The El Jebel Mobile Home Park Expansion area is largely disturbed property that is vacant. There are no significant terrestrial or aquatic animal habitats in this area. Groundwater depletions associated with this Project will be minimal. Off-site riparian animal habitat will not be affected by the proposed Project." Staff concurs that the Project will not significantly degrade terrestrial or aquatic animal life or its habitats. 48 07/19/2016 (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. Per the application: "The El Jebel Mobile Home Park Expansion area is largely disturbed property that is vacant." There are no endangered plant species, significant terrestrial plant life or plant habitat on the subject property. Staff concurs that the Project will not significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. Per the application: "A Preliminary Geotechnical Engineering Study was completed for the Project by HP Geotech and is included as an Exhibit to the application materials. The subsurface conditions at the site were evaluated by excavating five exploratory pits. The subsoils encountered,below about 6 inches of topsoil, silty sand gravel with cobbles. Results of a gradation analysis performed on a sample of the sandy gravel(minus 5 inch fraction)obtained from the site are presented in the report. No free water was observed in the pits at the time of excavation and the soils were slightly moist to moist." The Colorado Geological Survey response indicated the following: "Subsidence. According to available geologic mapping, the site is underlain by terrace alluvium (river deposits) consisting of boulders, cobbles, and gravel in a sand and silt matrix. The alluvium is derived from and underlain, at an unknown depth, by Eagle Valley Evaporite, containing the soluble minerals gypsum, anhydrite, and halite. Sinkholes, subsidence, ground deformation and settlement due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite and soils derived from it. A large subsidence trough is located approximately 800 feet north of the proposed expansion area. Several sinkholes have been identified less than one-half mile north and southeast of the proposed mobile home park expansion property. Sinkhole formation is an active, although infrequent, geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. HP Geotech does not address the subsidence hazard. Due to the close proximity of collapse features, the subsidence hazard should be evaluated as part of a site-specific geologic hazard investigation to evaluate the site's suitability for the planned residential use and density". In response, HP Geotech, Inc. did prepare a "Geologic Site Assessment Proposed Expansion of Crawford Mobile Home Park Farve Lane, El Jebel, Eagle County Colorado", dated May 10, 2016. With the additional Geologic Site Assessment, Staff concurs with the applicant's analysis that the Project is not subject to significant risk from natural hazards. A condition of approval is recommended that at the time of building permit application for each mobile home unit, that a site specific geologic assessment be prepared for each site and that the foundation system incorporates the recommendations of the site specific geologic assessment. (21) The Project will not cause a nuisance. Per the application: "The proposed Project will have no substantial temporary or long-term adverse effect on noise, odors, or waste-generation. The proposed development is too small to generate significant volumes of these materials. Specifically: Noise-This concern relates primarily to commercial and/or industrial projects and relies on the presence of sensitive noise receptors. Noise emissions from the Project will be compatible with the neighborhood and are not considered to be a problem or adverse impact to the environment. Construction related noise effects are generally considered to be temporary. 49 07/19/2016 Odors-This concern relates primarily to emissions from commercial and/or industrial projects. Odor emissions are not an effect typically associated with a residential project. No plans exist to construct or operate a facility that would generate obnoxious odors or other similar emissions. Wastes -The proposed Project plans to continue to use commercial waste removal services to dispose of trash. The Project will not involve development or operation of any hazardous materials facility. The Project will not create elevated levels of any toxic,noxious or abnormal substances, smoke, odors, gas, wastes, steam, dust or other particulate matter. Wood burning devices are prohibited in this Project. The Project will adopt `dark night sky' principles of lighting." Staff concurs that the Project will not cause a nuisance. (22) The Project will not significantly degrade areas of paleontological,historic,or archaeological importance. Per the application: "The El Jebel Mobile Home Park Expansion area is largely disturbed property that is vacant. There are no areas of paleontological,historic or archaeological importance associated with this site." Staff concurs that the Project will not significantly degrade areas of paleontological, historic, or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. Per the application: "The proposed Project will not result in unreasonable risk of releases of hazardous materials. Specifically: Wastes -The proposed Project plans to continue to use commercial waste removal services to dispose of trash. The Project will not involve development or operation of any hazardous materials facility. The Project will not create elevated levels of any toxic, noxious or abnormal substances, smoke, odors, gas,wastes, steam, dust or other particulate matter. Wood burning devices are prohibited in this Project. The Project will adopt `dark night sky' principles of lighting. The Project and its manager, Crawford Properties LLC, will comply with all federal and state laws for the handling,transportation, storage, and disposal of any hazardous materials if they are encountered throughout the development of this Project." Staff concurs that the Project will not result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural,recreational,grazing,commercial or industrial resources within the County,or the losses of opportunities to develop such resources. Per the application: "The El Jebel Mobile Home Park Expansion area is largely disturbed property that is vacant. The Project will not create losses of any natural, agricultural,recreational,grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The transit oriented affordable housing benefits accruing to the County and its citizens from the Project far outweigh any impacts. 50 07/19/2016 Staff concurs that the benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. B. 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Projects. In addition to the general criteria set forth in Section 6.04.01,the following additional criteria apply to municipal and industrial water projects: (1) The Project shall emphasize the most efficient use of water,including the recycling,reuse and conservation of water. Per the application: "The Project has been planned to set a high standard for water conservation. Buildings within the El Jebel Mobile Home Park Expansion must meet certain minimum standards for efficient building through the"ENERGY STAR Certified Manufactured Home"program. Raw water is proposed to be provided via a lateral of the Robinson Ditch located adjacent to the Project. A raw water irrigation system will be constructed throughout the development as part of this Project. The water rights for the raw water system are owned by Crawford Properties LLC and the raw water irrigation system will be privately owned and maintained by Crawford Properties LLC. The landscape plan has been developed with minimal grass areas that will require spray irrigation. Each residence will have a small 1,000+/-square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebel area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble, and crushed granite areas also serve as pervious drainage areas for the Project. Crawford Properties LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the"Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use these tools as guides for water conservation and water quality protection." Staff concurs that the Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. Per the application: "This Project will tie into existing Mid-Valley Metropolitan District infrastructure for both water and sanitary sewer. To the northwest there is an existing 8"waterline stubbed out and capped at the east edge of Blue Lake Subdivision. There is also a 12"waterline stubbed out southwest of the site at the intersection of El Jebel Road and Farve Lane near Wendy's. A 10"connection will be made at the east edge of the Blue Lake Subdivision and will be reduced to an 8"loop to serve the new mobile home park. Another 10"connection will tie into the existing 12" waterline near Wendy's and connect to the 8"loop at the mobile home park site. Creating a loop will provide an upgrade to the existing water infrastructure serving Blue Lake. There is an existing pressure reducing valve(PRV), located 0.5 miles west on JW Drive,which reduces the pressure within the Blue Lake Subdivision. MVMD is removing the PRV and paying to install residential PRV's in the 130 homes that would be affected by the increase in pressure. Removing the PRV and creating a loop in the water system will allow the proposed water infrastructure for the 51 07/19/2016 Project to create the loop from Wendy's to Blue Lake,which will increase flow,pressure and redundancy of the Project. A water model of the proposed infrastructure in conjunction with MVMD's existing water system was recently modeled by SGM to verify that adequate pressure and fire flow will be achieved. The water model showed the proposed waterline layout in this submittal will provide the minimum fire flow requirements including: 1,500 GPM fire flow and an available fire flow of 4,000 GPM at a minimum pressure of 20 PSI. The sanitary sewer for this Project will connect to the existing 10-inch sanitary sewer interceptor infrastructure,which is located along the north side of JW Drive. Collected wastewater is conveyed to the MVMD Wastewater Treatment Facility about 1-mile west of the Project area. The existing plant is permitted for 0.99 million gallons per day(MGD) capacity and is functioning in the 40%capacity range; so there is adequate capacity for this Project. Two separate gravity 8-inch sewer mains will service the development. The flat grades of the Project will require two sewer mains and associated connection locations. The first is an existing manhole northwest of the site, located within the JW Drive right-of-way adjacent to Crawford Properties LLC owned property, which will collect the majority of the wastewater expected from the development. The second will collect wastewater from the five homes furthest to the north and tie-in to an existing manhole across the street from the Basalt&Rural FPD. As conditioned, Staff concurs that the Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. Per the application: "The Project is necessary to meet community development and population demands in the areas to be served by the Project. There is currently a waiting list of over 70 families interested in renting the units proposed in the Project. As the mid-valley population increases,the demands for median income rental housing will increase. The Project is ideally located to meet the demands of a growing population. The proposed Residential Development will be 100%rental housing. Crawford Properties LLC began a wait list from inquiries for rental housing in December 2015. The list continues to grow and currently contains 74 requests for available rental property. Rental market conditions in the El Jebel area are at 100%occupancy, and the last vacant rental Crawford Properties LLC saw was in August 2013. While this is not an official market analysis, it reflects an accurate need for rental housing in the El Jebel area. The targeted income category for each Affordable Housing rental unit will be 80%of the area median income. A rental cap will be applied to the six Affordable Housing rental units that will cap rent plus utilities at no more than 30%of the income for households earning 80%of the area median income. The targeted income category for each Market Housing rental will be 100%of the area median income. The Affordable Housing Plan is included as an Exhibit of the application." Staff concurs that the Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The Eagle County Housing Department has indicated its support of the Affordable Housing Plan, as submitted. 52 07/19/2016 (4) Urban development,population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Per the application: "Erosion control devices will be installed to control runoff and sediment from the El Jebel Mobile Home Park Expansion. For additional information on these erosion control devices, refer to the Drainage Report prepared by SGM that is attached as an Exhibit to the application. The Project's wastewater will be treated at the MVMD wastewater treatment facility that discharges to the Roaring Fork River,which will prevent aquifer pollution. Each residence will have a small 1,000+/-square foot lawn and drip irrigated shrubs and trees. Care has been taken to specify plant materials that are hardy for the El Jebel area of the Roaring Fork Valley. Front yards contain river cobble with crushed granite planting beds for shrubs and street trees. The lawn, cobble, and crushed granite areas also serve as pervious drainage areas for the Project. Crawford Properties LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the"Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties LLC and the residents will use these tools as guides for water conservation and water quality protection." Staff concurs that urban development,population densities, site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. C. 6.04.03 Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems. In addition to the general criteria set forth in section 6.04.01,the following additional criteria apply to any development of major new domestic water and wastewater treatment systems or major extensions of existing domestic water and wastewater treatment systems: (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project,or to comply with regulatory or technological requirements. Per the application: "The Project is necessary to meet community development and population demands in the areas to be served by the Project. There is currently a waiting list of over 70 families interested in renting the units proposed in the Project. As the mid-valley population increases, the demands for median income rental housing will increase. The Project is ideally located to meet the demands of a growing population. The proposed Residential Development will be 100%rental housing. Crawford Properties LLC began a wait list from inquiries for rental housing in December 2015. The list continues to grow and currently contains 74 requests for available rental property. Rental market conditions in the Eh Jebel area are at 100%occupancy, and the last vacant rental Crawford Properties LLC saw was in August 2013. While this is not an official market analysis, it reflects an accurate need for rental housing in the El Jebel area. The targeted income category for each Affordable Housing rental unit will be 80%of the area median income. A rental cap will be applied to the six Affordable Housing rental units that will cap rent plus 53 07/19/2016 utilities at no more than 30%of the income for households earning 80%of the area median income. The targeted income category for each Market Housing rental will be 100%of the area median income. The Affordable Housing Plan is included as an Exhibit of the application." Staff concurs that the Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. (2) To the extent feasible,wastewater and water treatment facilities shall be consolidated with existing facilities within the area. Per the application: "This Project will tie into existing Mid Valley Metropolitan District Infrastructure for both water and sanitary sewer so no new water or wastewater facilities have to be constructed. Furthermore, in 2013, Crawford Properties LLC connected to MVMD for sewer service and abandoned their private wastewater treatment facility, thus consolidating. To the northwest there is an existing 8"waterline stubbed out and capped at the east edge of Blue Lake Subdivision. There is also a 12"waterline stubbed out southwest of the site at the intersection of El Jebel Road and Farve Lane near Wendy's. A 10"connection will be made at the east edge of the Blue Lake Subdivision and will be reduced to an 8"loop to serve the new mobile home park. Another 10"connection will tie into the existing 12" waterline near Wendy's and connect to the 8"loop at the mobile home park site. Creating a loop will provide an upgrade to the existing water infrastructure serving Blue Lake. There is an existing pressure reducing valve(PRV), located 0.5 miles west on JW Drive,which reduces the pressure within the Blue Lake Subdivision. MVMD is removing the PRV and paying to install residential PRV's in the 130 homes that would be affected by the increase in pressure. Removing the PRV and creating a loop in the water system will allow the proposed water infrastructure for the Project to create the loop from Wendy's to Blue Lake,which will increase flow,pressure and redundancy of the Project. A water model of the proposed infrastructure in conjunction with MVMD's existing water system was recently modeled by SGM to verify that adequate pressure and fire flow will be achieved. The water model showed the proposed waterline layout in this submittal will provide the minimum fire flow requirements including: 1,500 GPM fire flow and an available fire flow of 4,000 GPM at a minimum pressure of 20 PSI. The sanitary sewer for this Project will connect to the existing 10-inch sanitary sewer interceptor infrastructure, which is located along the north side of JW Drive. Collected wastewater is conveyed to the MVMD Wastewater Treatment Facility about 1-mile west of the Project area. The existing plant is permitted for 0.99 million gallons per day(MGD)capacity and is functioning in the 40%capacity range; so there is adequate capacity for this Project. Two separate gravity 8-inch sewer mains will service the development. The flat grades of the Project will require two sewer mains and associated connection locations. The first is an existing manhole northwest of the site, located within the JW Drive right-of-way adjacent to Crawford Properties LLC owned property,which will collect the majority of the wastewater expected from the development. The second will collect wastewater from the five homes furthest to the north and tie-in to an existing manhole across the street from the Basalt&Rural FPD. 54 07/19/2016 Staff concurs that to the extent feasible, existing wastewater and water treatment facilities within the area will be retired and consolidated into the Mid Valley Metropolitan District's infrastructure, and that the Project will not create a need for new, additional wastewater or water treatment facilities. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. Per the application: "The Project is located within the MVMD's Service Area, and no new domestic water and sewage treatment systems shall be constructed in areas that will result in proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Project will only require distribution water lines and collection wastewater lines to be constructed to facilitate connection to MVMD's existing systems." Staff concurs that no new domestic water and sewage treatment systems are proposed as part of this Project. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. Per the application: "The Project is consistent with Eagle County's Future Land Use Map of the Mid Valley Area Community Plan and with the Future Land Use Map of the 2009 Basalt Master Plan. The Project is necessary to meet community development and population demands in the areas to be served by the Project. There is currently a waiting list of over 70 families interested in renting,the units proposed by this Project. As the mid valley population increased,the demands for median income rental housing will increase. The Project is ideally located to meet the demands of a growing population. The proposed Residential Development will be 100%rental housing. Crawford Properties LLC began a wait list from inquiries for rental housing in December 2015. THe list continues to grow and currently contains 74 requests for available rental property. Rental market conditions in the El jebel area are at 100%occupancy, and the last vacancy rental Crawford Properties LLC saw was in August 2013. The Project is located on a vacant site, and has been specifically planned and designed to limit, minimize and mitigate environmental impacts." Staff concurs that the proposed Project is consistent with the recommendations of the Mid Valley Area Community Plan. The Plan is the mechanism by which future growth is `anticipated'. The Project can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. D. Special Use Permit Waiver: In accordance wirpgiapter Article 3, Section 3.310.I.2, Waiver Provision, of the Eagle County Land Use Re guiii3Oilt d5Aia1 Review Use Permit application for water and sewer projects may be waived in whole or illfrptartlikthe Board of County Commissioners upon a written petition by the applicant showing that: 3.310.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle 55 07/19/2016 County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would be redundant with this 1041 Permit process and would serve no further legitimate planning,zoning or other land use objective. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Permit Authority. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved that the Eagle County Permit Authority APPROVE File No. 1041- 6026,waiving the requirement for Special Use Review Permit, authorizing the Chairman to sign the Resolution, and incorporating the following conditions: 1) That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2) At the time of building permit application for each mobile home unit, a site specific geologic assessment shall be provided for each site and that the foundation system incorporates the recommendations of the site specific geologic assessment. 3) Crawford Properties, LLC will provide each household with the"Homeowner's Guide to Household Water Conservation(XCM-219)"; or the Colorado WaterWise Best Practices Manual for guidance at http://coloradowaterwise.org/BestPractices; and the"Homeowner's Guide to Protecting Water Quality and the Environment(XCM-223)"as published by the CSU Extension Agency. Crawford Properties, LLC and the residents will use these tools as guides for water conservation and water quality protection. 4) As represented by the applicant in the application, wood burning fireplaces are not allowed within the Project. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Permit Authority and reconvene as the Eagle County Board of County Commissioners. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. std There being no further business beft T meeting was adjourned until July 26,2016. �p S m � Attest: l�(—\ I J ���c--t 1 u Clerk to the 2f2ard C an t6t--� t V f i 56 07/19/2016