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HomeMy WebLinkAboutMinutes 01/22/2002
PUBLIC HEARING
JANUARY 22,2002
Present:
Am Menconi
Tom Stone
Tom Moorhead
Jack Ingstad
Earlene Roach
Chairman Pro-tern
Commissioner
County Attorney
County Administrator
Deputy Clerk to the Board
Absent:
Michael Gallagher
Chairman
This being a scheduled Public Hearing the following items were presented to the Board of
County Commissioners for their consideration:
Consent Agenda
Chairman Pro-tern Menconi stated the first item before the Board was the Consent Agenda as
follows:
A) Approval of bill paying for the week of January 21, 2002, subject to review by County
Administrator
B) Approval of payroll for January 24, 2002, subject to review by County Administrator
C) Approval of the minutes of the Board of County Commissioners meeting of January 8,
2002
D) Reudi Water and Power Intergovernmental Agreement.
Chairman Pro-tern Menconi asked the Attorney's Office ifthere were any changes to the Consent
Agenda. .
Tom Moorhead, County Attorney, stated there were no changes.
Commissioner Stone stated item C, Commissioner Meeting Minutes, he would be abstaining
from that vote as he was not present at the hearing. He suggested the minutes be pulled as there were
only two Commissioners present.
Chairman Pro-tern Menconi concurred.
Commissioner Stone moved to approve the Consent Agenda as presented, pulling item C.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
5MB-00289, Village Hall Condominiums, Seventh Amendment. He stated this was a
Minot Type B Subdivision, the purpose of which is to create a limited common element for Unit R-7,
and re-subdivide Unit R-16/17 into Unit R-16 and Unit R-17. Staff findings are as follows:
Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
Standards for Type A and Type B Subdivision.
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a) Access, potable water, and sewage disposal on the land to be subdivided are adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Commissioner Stone moved to approve final plat, file number 5MB-00289, Village Hall
Condominiums, Seventh Amendment, incorporating staff findings.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as
the Local Liquor Licensing Authority.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Liquor License Consent Agenda
Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows:
A) Fitzsimmons Motor Company
This is a renewal of a 3.2% Off Premise Beer License. This establishment
is located along Highway 82 in EI Jebel. There have been no complaints
or disturbances during the past year.
B) Edwards Station LLC
Edwards Station
This is a renewal of a 3.2% Off Premise Beer License. This establishment
is located at the Edwards I -70 Interchange. There have been no
complaints or disturbances during the past year.
C) EI Jebel LLC
EI Jebel Convenience Store
This is a renewal of a 3.2% Off Premise Beer License. This establishment
is located along EI Jebel Road, in the same building as Wendy's. There
have been no complaints or disturbances during the past year.
Commissioner Stone moved to approve the Liquor License Consent Agenda as presented.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Ducks Unlimited
Earlene Roach presented a special events permit for Ducks Unlimited for February 9, 2002 from
5 :30 p.m. to midnight. She stated this is an annual event. The application is in order and all fees have
been paid.
Wendy Sacks, applicant, was present for the hearing. She stated they have had this event for the
past three years and have not had any problems. She stated they will use Tips trained individuals for
alcohol service.
Commissioner Stone moved to approve a special events permit for Ducks Unlimited for February
9,2002 from 5:30 p.m. to midnight.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
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St. Clare of Assisi
Earlene Roach presented a special events permit for St. Clare of Assisi for February 9, 2002 from
6:00 p.m. to 1 :00 a.m. This is their annual Mardi Gras Ball. The application is in order and all fees have
been paid.
The applicant was not present at this time however the Board concurred as this was an annual
event and there have not been any concerns in the past to proceed.
Ms. Roach stated the applicant will use Tips trained individuals for alcohol service.
Commissioner Stone moved to approve a special events permit for St. Clare of Assisi for
February 2, 2002 from 6:00 p.m. to 1 :00 a.m.
Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene
as the Board of County Commissioners.
Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Eagle County State of the County Address
Chairman Pro-tem Menconi thanked everyone for coming. He stated the Board will take a look
back at the past year and what all of the County has done for the betterment of Eagle County. He stated
together they have achieved so much. He stated the Board will be going on a retreat in a week or two to
discuss what they can do for 2002.
Commissioner Stone stated he is honored to present the first State of the County Address. He
stated they will be talking about those items that Eagle County accomplished in the past year and what
they hope to accomplish in the future. He thanked his fellow Commissioners and recognized the Elected
Officials. He stated last year Eagle County was honored with the County of the year award. He stated it
would not have been possible without the hard work of each employee in the County, encouragement of
the citizens and the Board's beliefthat they can provide a better life for the citizens of Eagle County. He
highlighted the accomplishments from the past year as follows:
In the past year the County has enhanced the quality of services without any new
employees nor has the County incurred any new debt.
The County was able to reduce the mill levy to the lowest in the State of Colorado and at
the same time build up the reserves to $40 million dollars
The budget was cut by over $1 million dollars
$4 million dollars was added to employee salaries and benefits
The County has been able to pay cash for important capital improvements projects, which
means no debt for future Boards to have to deal with and no future taxpayer will have to worry about it
The Tree Farm and recreational fields were built in El Jebel. It would not have been
possible to build those fields without the nearly 6,000 hours of earth moving that was accomplished by
the County Road and Bridge Department. This effort will be a jump start for children in that area. He
stated the County had the sad and tragic death ofa young boy, Jamie Close, at the Tree Farm Facility,
while playing with friends. It is an overwhelming sense of urgency to get recreational facilities going.
The County took the lead in providing recreation at the Berry Creek property
Affordable Housing is important to the County. The Down Payment Assistance Program
and the Mortgage Credit Certificate Program have continued to be very successful for people to make
the move into housing that they own.
They dedicated the Mountain Glen Rental Homes this past week
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The County assumed day to day operations of Riverview Apartments, which are 72
apartments and are the only federally subsidized housing to provide housing for those who are in need.
One of the most exciting housing initiatives is at Berry Creek 5th. The Town of Vail and
Eagle County have joined together and plan to build approximately 280 for sale homes. He stated the
County is partnered with Vail Resorts, Eagle County School District and Colorado Mountain College on
the Berry Creek 5th property. They are trying to provide for open space, recreation, education and
housing for residents. It shows how much more can be accomplished in so little time when people work
together.
September 11 th reminded everyone about the importance of emergency preparedness.
Within hours of that attack, Eagle County's Emergency Preparedness Group met to discuss what affect
those attacks might have on Eagle County. Be assured Eagle County is very prepared.
Completion of a $10 million dollar expansion to the Eagle County Regional Airport in
only seven months. That is quite an accomplishment. The County is in support oftheir local economy.
The Airport does generate almost ~ billion dollars to the regional economy. It shows how important the
Airport is.
The two millionth passenger flew in to the Airport
Eagle County partnered with Colorado Mountain College and with the State of Colorado
to expand technological opportunities throughout the County. The County always has been and will
continue to be a major force in supporting the business community and helping support the community
in helping to build our local economy.
Another part of our government is the heart of our government. The heart can be
measured by the compassion it shows for those that are less fortunate. This County continues to
financially support many of the communities non-profit organizations. The County recently provided a
home for The Resource Center's Safe House. They formed the Eagle County Childcare Association,
which opened up the Vail Childcare Center. Eagle County also provided twenty improvement grants to
assist licensed childcare facilities. This happened in addition to the regular work that the Department of
Health and Human Services provided, which assures a safety net for those in need of assistance.
In 2001 the County supported the youth in many ways. They provided assistance to the Eagle
River Youth Coalition. The nationally recognized Eagle County Youth Core, a program that helps to
benefit the forests while financially contributing in positive self esteem youth organizations. This group
grew from approximately 200 participants in 2000 to almost 500 hundred youth in 2001.
They developed the Senior Tax work off program, provided financial assistance for the
Senior Centers in the County and supported the first senior trip to Washington D.C. He informed the
Seniors present the County plans to begin construction ofthe new Assisted Living Center this summer.
Eagle County is proud of the Interactive CD Rom developed by staff. It has received
local and national recognition in new marketing and communications. Eagle County was the only one in
the nation to receive the Savvy Award. It is an example of how Eagle County took the lead in coming
up with a new way of communicating, not only with local citizens but with visitors alike.
Eagle County had traffic lights installed at the off ramps in Edwards. It is amazing that
two governmental agencies, Colorado Department of Transportation and Eagle County who noticed
there was a serious problem at that location, went against their normal established procedures, to build
that project in record time. It is just the beginning of future collaboration. That is the beginning of the
permanent fix for the Spur Road. The permanent fix will include two new bridges and round-a-bouts.
Eagle County built a new electronic scoreboard at the Eagle County Rodeo Arena. Not
only is it fun to watch, it provides a new revenue source for the Fair as a way of advertising the annual
event that many people of Eagle County look forward to.
Commissioner Stone expressed special appreciation to Eagle County Transportation
Authority. They had a big job to undertake and they did it in an outstanding fashion. They had to move
the management ofthe bus in-house then had to move to the new Maintenance Facility. They provided
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rider ship for over 800,000 people. Another part of that organization is the ECO Trails System. He is
pleased to see they are moving forward to achieve the goal to develop a recreational trail that will run
from Vail to Glenwood Canyon. That will be a great addition to this community.
A special priority of the Board is reaching out to the Hispanic community. They have
committed to provide $25,000 to the Catholic Charities Organization for a Latino Advocate. Other
items they are doing is they have placed emphasis on recruitment of bilingual employees. One of the
areas being focused on was a bilingual management team at Riverview Apartments. It is improving
internal operations but the relationships with the diverse mix of tenants at Riverview is improving as
well. Eagle County is also providing bilingual interpreters and presentations at community meetings.
Juan Martinez has done a very good job.
Commissioner Stone stated all of these items have been accomplished while the County
continued to provide a quality of service ranging from road maintenance to response for bio-terrorism.
Together we have accomplished so much. He thanked citizen volunteers who serve on the many Boards
and Commissions, Planning Commission, Fairboard, County Commissioners, other Elected Officials
and all department heads and employees.
2001 was a successful year but 2002 can be more successful by working together on
affordable housing, youth, seniors, recreation, education, economic sustainability, the environment and
acceptance of cultural diversity. He stated people make places and the special people of Eagle County
make this County special. He thanked the Information Technology Department for the video they put
together concerning the year in review.
VIS-OOIS, Berry Creek / Miller Ranch
Peter Sulmeisters, Engineering Department, presented file number VIS-OO 15, Berry Creek I
Miller Ranch. Per Section 5-260.G: Variance from Improvement Standards, The Board of County
Commissioners is the authority that decides on variances from the improvements standards. Prior
review by the Planning Commission is not stipulated. He stated this is a petition for a Variance Permit
from those requirements of Sections 4-620 and table 4-620 J of the Eagle County Land Use Regulations
("LUR"). The applicant would like to deviate from the standards of right-of-way width, lane width,
pavement widening on curves, design speed, obstruction free area from centerline, required site distance,
width of detached walkways, on-street parking and bicycle lanes.
Referral responses are as shown on staff report and as follows:
Eagle County Road and Bridge Department
See attached memorandum form Brad Higgins, Road and Bridge Director dated 1/3/02.
Eagle County Regional Transportation Authority
See attached memorandum from Ellie Caryl, Trails Planner dated 1/4/02. See attached
memorandum from Ellie Caryl, Trails Planner dated 1/14/02.
Eagle County Community Development Department
See attached memorandum from Bob Narracci, Planning Manager dated 1/4/02.
Eagle River Fire District
See attached letter from Carol Gill-Mulson dated 1-5-2002.
Additional Referral Agencies: Eagle County Attorney, Eagle County Sheriff, ECO (Regional
Transportation Authority), Eagle County Housing Division, Eagle County School District RE-50J,
Berry Creek Metropolitan District, Edwards Metropolitan District, Eagle County Ambulance District,
Eagle River Water & Sanitation District.
The Applicant is in the process of preparing a Site Specific Development Plan for the Affordable
Housing portion of the Miller Ranch Berry Creek 5th Filing. The applicant wishes to use a New
Urbanism design for the project that uses narrow streets with on street parking and alley ways for
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conveyance of traffic. The road standards contained in the LUR do not contemplate the New Urbanism
Design which is a new concept to Eagle County.
STREET CROSS SECTIONS
The minimum lane width required in the LUR in residential areas is 10' for Urban Residential
roads using a mountable 24" curb and gutter. This application applies to roads with a average daily
traffic count ofless than 750 trips per day. For Urban Residential roads with average daily traffic counts
of more than 750 trips per day the lane width standard stated in the LUR is IS' with an attached 4' bike
lane and a 24" barrier curb and gutter. Please see attached drawing labeled "TYPICAL STREET
CROSS SECTIONS EAGLE COUNTY LAND USE REGULATIONS". According to the AMERICAN
ASSOCIATION OF STATE HIGHWAY AND TRANSPORT A TION OFFICIALS manual A POLICY
ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS 2001 FOURTH EDITION (AASHTO)
street lanes for moving traffic should be 10' wide and where practical 11' wide except that where
available or attainable right-of-way imposes severe limitations 9' lanes can be used in residential areas.
The AASHTO manual also states that in many residential areas an 26' wide roadway is typical. This
width provides for a 12' center travel lane and two 7' parallel parking lanes. Opposing traffic will pause
in the parking lane area until there is adequate room to pass. Although some vehicles are wider than 7'
according to AASHTO most vehicles when parked on the side of the road will occupy 7' of roadway.
The minimum requirement for parallel parking according AASHTO is 7'. The applicant is proposing to
use a minimum of the 26' wide roadway section but with parallel parking only on one side. This width
with a 7' parking lane would leave 19' for two 9.5' travel lanes. The reason for eliminating the parking
on the one side was to assist in snow removal operations. The applicant is proposing the typical street
cross-sections as shown on the attached sheet labeled "BERRY CREEK FIFTH PUD Street Cross
Sections". The location of where each one of these sections is located can be seen on the page labeled
"BERRY CREEK FIFTH PUD Overall Street Section Key Map". Most ofthe roads that would have an
average daily traffic count of more than 750 trips per day are designated to be one way roads with 16 feet
of travel lane (figure 8) or two way roads with 22 feet of travel lane (figure 9). Neither one of these road
sections provide the dedicated bicycle lanes required by the LUR. Because there are no dedicated
bicycle lanes provided, bicycles would have to share the road with motorists or use the nearby trail
system depending on their destination. The proposed street cross sections show a 4' detached sidewalk
for all of these roads. The LUR require a detached sidewalk to be 6' wide. According to AASHTO,
sidewalks for residential areas should be 4' to 8' wide and the planted strip between the sidewalk and the
curb of the traveled way should be a minimum of 2'. The proposed street cross sections do meet these
requirements. Although these right-of-way widths, street widths and sidewalk widths do not meet the
minimum requirements of the LUR they do meet the minimum required by AASHTO.
ALLEYWAYS
The New Urbanism design incorporates the use of alleys in its design. The two alleyway designs
proposed by the applicant for this project are 1) a 16' shared travel lane with a 22' right-of-way for the
alleys along the southerly portion of the project due to the necessity for a fire pumper truck to have
access to these lots and 2) a 12' shared travel lane with a 20' right-of-way where fire access is available
on the opposite side of the units. Both of these designs incorporate a 4' setback from the right-of-way to
the garage as shown on the attached alley cross sections. The LUR does not have any standards for the
use of alleys at this time. The setback from the right-of-way ofthe alley to the garages allows for snow
storage areas and maneuverability for maintenance.
PAVEMENT WIDENING ON CURVES
Pavement widening on some curves is necessary for one of the following reasons (1) the rear
wheels of a vehicle generally track inside the front wheels in negotiating a curve which is called
"offtracking", or (2) drivers can have difficulty in keeping their vehicle in the center of the lane when
negotiating a curve. According to the Land Use Plan provided for the layout of the project the New
Urbanism design appears to be more oriented towards intersections and turns rather than curves. With
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this type of design the pavement widening on curves would not apply.
SITE DISTANCE
Most street intersections will have stop signs in all directions, thus eliminating sight distance
concerns at these locations. Intersections with stop signs facing only some of the directions of traffic
may be specified at strategic locations where it is necessary to move vehicles very efficiently, such as
near the project entrances. At these locations, mitigating factors similar to those described below for
alleys will be applied. At intersections of alleys and streets, sight distances will be significantly less than
typical for driveway/road intersections in Eagle County. Stop signs at the ends of alleys will require cars
to stop well back from the edge of road, due to the need to allow room for pedestrian flow across the
front of the alley. This situation, along with landscaping in the tree lawns and parked cars along the
streets, will reduce sight distances for vehicles traveling along the main road to see vehicles waiting to
pull out of the alley. Accordingly, the following mitigating factors are recommended:
1) The lane widths (on streets) and frequency of stop signs will encourage low vehicular speeds
along streets.
2) A speed limit of 10 miles per hour is proposed along all streets.
3) Parallel parking spaces will be located no closer than 30' back from the edge of pavement of
the alleys.
4) Within the tree lawns, shrubbery and similar landscaping will be kept at a height of 3' or lower
above the adjacent pavement.
5) Within the tree lawns, trees will be kept trimmed as necessary to avoid blocking sight
distances. Once trees mature, branches will be kept trimmed to a minimum of 8 feet above the adjacent
pavement.
PARKING
The LUR are structured in a fashion that adequate parking is to be provided for on the individual
lots because Eagle County typically does not allow on street parking on its roadways. However
according to the current LUR on street parking may be allowed on Urban Residential roads, but because
to date Eagle County has not allowed on street parking on its roadways there is not a set standard for on
street parking in the LUR. Because there is no standard for on street parking specified in the LUR and
this variance is designed to address improvement standards and not parking, a PUD
COMPREHENSIVE PARKING PLAN should be required with the Site Specific Development Plan
Application for this site.
DESIGN SPEED
The current LUR requires a minimum design speed of 30 miles per hour for its roads. This New
Urbanism design uses narrow streets with on street parking in order to make a driver feel constrained
promoting a slower driving condition. Because of the intersection designs in conjunction with the on
street parking and narrower roads used to create the restricted feeling the applicant has requested a
design speed of 10 miles per hour for this project.
OBSTRUCTION FREE AREA FROM CENTERLINE
The current LUR requires a minimum of 15' of obstruction free area from the centerline of the
road for an Urban Residential road and 20' for an Urban Residential Collector. These obstruction free
areas are generally used for maintenance, and recovery area for an errant vehicle. According to
AASHTO standards the minimum clear zone for streets with curb and gutter should be 18" measured
from the face of the curb. The applicant has stated in the "Revisions to Berry Creek PUD Road Review
dated December 11, 2001" that the center of the tree lawn will be the distance to the nearest obstruction.
This distance does not meet the standards in the LUR however it does meet the minimum AASHTO
standards.
SINGLE UNIT TRUCK ACCESS
The applicant has proposed a design that will allow for a AASHTO Single Unit Truck Design
Vehicle (SU) to access all the roads in the development. However the applicant states that several of the
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intersections will require multiple movements for the truck to negotiate the comers with the proposed
design. This may cause some congestion and inconvenience at times with other motorists. Attached is a
copy ofthe SU drawing and a site plan showing the intersections where these instances occur.
SNOW REMOVAL
One of the issues involved with the New Urbanism design ofthe neighborhood is the issue of
snow removal. At the present time Eagle County does not allow parking on its roadways because it does
hinder snow removal operations. With the design of narrower streets with on street parking and alleys
the amount of effort and time that will be involved for snow removal operations will be greater than
what would be required with roads designed to the current LUR. The cost differences between these two
designs are shown in the attached memorandum prepared by Gordon Adams Assistant Road and Bridge
Director for Eagle County Road and Bridge Department.
There have been several neighborhoods built using the New Urbanism design in Colorado. The
two neighborhoods that I researched are in Breckenridge, CO and Eagle Ranch. I talked with Tim
Gagen the manager for the Town of Breckenridge, who lives in the New Urbanism neighborhood in
Breckenridge. He expressed a positive position on the design of the neighborhood. Two of the points
that he stressed were that he liked the garage access from the alley's and that it felt like a neighborhood.
I also spoke with Vern Brock the Engineer for the Town of Eagle about the Eagle Ranch New Urbanism
neighborhood. Vern expressed a favorable outlook on the New Urbanism design. The one item that
was brought to my attention by both the Town of Breckenridge and the Town of Eagle was that neither
one of the Towns maintain the alleyways. The main streets are maintained by the Towns but the
Homeowners Association is responsible for maintenance of the alleyways.
In the letter dated December 18, 2001, the applicant cites the following reasons for requesting the
variances from improvement standards.
"The Berry Creek affordable housing neighborhood is a partnership with Eagle County, the Town
of Vail, and ourselves. This neighborhood is designed to provide deed restricted affordable housing to
residents of Eagle County. The neighborhood design provides for a mixture of housing types in a New
Urbanism site design. This New Urbanism design features a grid street pattern, alleys, restricted front
yard vehicular access, on street parking, narrower roads, sidewalks, and tree lined roads. The Eagle
County road design standards do not anticipate the use of this somewhat unusual site design pattern. As
a result, application of the County's standards results in some areas of nonconformance.
Staff is requesting a variance from certain provisions of Section 4-620 Roadway Standards and
Table 4-620 J. Specifically, the requested variances are to standards of Right-of-Way Widths, lane
Widths, Pavement Widening on Curves, Design Speed, Obstruction Free Area From Centerline,
Required Sight Distance, and On-street Parking. In order to address potential concerns over the
proposed road standards in relation to safety and level of performance we have prepared a road analysis
that is attached to this application. This analysis demonstrates that the proposed road design meets the
County's standards for safety and performance.
Staff believes that the proposed land use plan and the supporting street system create a safe and
quality living environment for Eagle County residents. The attached Road Report documents that the
proposed streets will function at a level of safety that is equal to, or greater than, the defined Eagle
County standard.
It is important to emphasize that the proposed road design and standards are a package which
function together, as a whole, for this specific site, with it's unique characteristics and it's unique
function as a IOO% deed restricted affordable housing neighborhood."
In the letter dated January 2, 2002, the applicant cites the following reasons for requesting the
variances from improvement standards.
"As stated in the application, the Eagle County road design standards do not provide for new
urbanism designs. The Eagle County road standards are based upon rural and suburban neighborhood
design. A mixture of affordable housing in a quality living environment is inconsistent with these rural
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and suburban standards. Affordable housing in Eagle County requires compact designs. Large
neighborhoods of affordable housing require a mixture of housing types in order to create the appropriate
quality of life. A new urbanism design is the most appropriate design application to achieve this balance
of affordability and quality of life. New urbanism designs are not possible within the limitations of the
existing Eagle County road standards.
Creating a quality living environment for a mixture of affordable housing types would not be
possible without the Road Variance.
It has been my experience that local governments are very cautious in reviewing variances from
development standards. The primary concern is the precedence that such variances might make. I
would suggest that there are several factors that make this road variance request special. As is
emphasized in the application, this development proposal is unique. Homes within this development
will be 100% deed restricted affordable housing. This neighborhood will contain a mixture of affordable
housing types/ The flat land form of the site is ideally suited to the new urbanism design standards.
Staff concerns and issues are as follows and as shown on staff report:
Hardship to the Applicant: The applicant has stated that the New Urbanism design is the most
appropriate design application to achieve the necessary balance of affordability and quality of life for an
affordable housing neighborhood in Eagle County.
Health Safety and Welfare of Persons Affected: Because the narrower street design does
make a person feel restricted and generally causes them to slow down and because the widths of the
proposed streets do meet the minimum requirements of AASHTO it appears that there will be no
compromise in health, safety or welfare.
County Engineer's Evaluation: According to Section 4-610.A.2 ofthe Land Use Regulations,
"The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent
level of public safety and whether the alternative will be equally durable so that normally anticipated
user and maintenance costs will not be increased."
Decision of the Board of County Commissioners: According to Section 5-260.G of the Land
Use Regulations, the decision of the BoCC "... shall balance the hardships to the applicant of not
granting the Variance against the adverse impact on the health, safety and welfare of the persons
affected, and the adverse impacts on the lands affected."
Staff findings are as shown on staff report and as follows:
1. The petitioner has filed a petition for a Variance Permit from the Improvement Standards in
conformance with the requirements of Section 5-260.G ofthe LUR.
2. The petition has been properly advertised and is ready for consideration by the Board of
County Commissioners.
3. The roadway standards shown in the Berry Creek PUD Road Review if used in conjunction
with the New Urbanism design layout shown on the attached drawing entitled "Land Use Plan" will
provide an equivalent level of public safety and durability as compared to the roadway standards
provided in the L UR.
The Board of County Commissioners must decide on the following findings:
4. The petitioner has demonstrated hardship to the developer and the public if there is strict
adherence to the road standards as provided in the LUR.
5. The petitioner has demonstrated that the hardship of not granting the variances exceed any
currently perceived adverse impacts on the health, safety, and welfare of persons affected, or adverse
impacts to the affected lands.
Vince Hooper, ASW Realty Partners, stated staff has done a good job in explaining what they are
trying to do. He stated their proposal was created specifically for this site. He stated they have done a
lot of research and have made many refinements. He stated they can comply with all the conditions as
stated by Mr. Sulmeisters.
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Chairman Pro-tern Menconi asked for public comment. There was none.
Commissioner Stone stated in order to grant a valiance the Board must find in favor of some
specific findings. He stated the applicant must prove a hardship and that this request does not create an
impact to the surrounding area.
Mr. Hooper stated the hardship is that the County does not have any standards for this unique
design. He related what they are trying to do is create a mixed use community. They have tried to create
a sense of place and believe they must use the new urban standards.
Chairman Stone asked what in the regulations make this a hardship on the applicant.
Mr. Hooper stated it is a combination of all of them. He stated without the reduction in the lane
width, the speed does not make sense. He stated it is the mixed use that will create a need for the
difference in standards.
Commissioner Stone asked about the safety of those roads.
Mr. Hooper stated they have gone to the effort of obtaining a road report and have gone through
all the standards and ASHTO requirements. That report is contained in the application.
Mr. Sulmeisters stated this type of design allows for narrower streets with on-street parking to
make the driver feel restricted. If drivers feel restricted they will slow down. He stated this design
creates slower drivers.
Commissioner Stone asked if the applicant has shown that there will be enough of a hardship to
allow the Board to grant this request without compromising the health, safety and welfare of the public.
Mr. Sulmeisters stated he does not believe they will be affecting the health, safety and welfare of
the residents. He stated they are trying to create a tight niche community with slower speeds and more
density.
Commissioner Stone asked if the applicant agreed with staff conditions.
Mr. Hooper stated they are ready to comply.
Commissioner Stone moved to approve file number VIS-0001S, the request for a Variance using
the following findings:
1. The petitioner has demonstrated hardship to the developer and the public if there is strict
adherence to the road standards as provided in the LUR.
2. The petitioner has demonstrated that the hardship of not granting the variances exceed any
currently perceived adverse impacts on the health, safety, and welfare of persons affected, or adverse
impacts to the affected lands.
Also from the strict interpretation of the Road Standards in Section 4-620. of the Eagle County
Land Use Regulations to allow the Applicant to use the roadway cross sections and standards shown in
the "Berry Creek PUD Road Review", the "Revisions to Berry Creek Road Review dated December
11,2001" that is dated January 14,2002 and as shown on the attached exhibits with the following
findings and conditions:
(1) This variance approval is limited to the geographical extent of the Berry Creek 5th / Miller
Ranch PUD affordable Housing Neighborhood.
(2) A PUD COMPREHENSIVE PARKING PLAN be required with the Site Specific
Development Plan Application.
(3) That the intersections where the AASHTO Single Unit Truck cannot negotiate the corners in
one motion be redesigned to allow for the ability for this type of vehicle to make the corners in one
motion.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
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01-22-2002
AFP-00136, Lot 25, Beaver Creek Subdivision, Filing 4
Cliff Simonton, Planner, presented file number AFP-00136, Lot 25, Beaver Creek Subdivision,
Filing 4. He stated this was an Amended Final Plat, the purpose of which is to move the existing
Building Envelope approximately 30 feet to the west. The size of the envelope is to remain unchanged.
The envelope will be slightly rotated so that the south east comer of the envelope no longer encroaches
on the ski way and utility easement that parallels the southern lot line.
Staff findings are as follows and as shown on staff report:
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the
Community Development Director has considered the following in the review of the Amended
Final Plat:
a. Adjacent Property. The proposed amendment does not adversely effect adjacent property
owners;
b. Final Plat Consistency. The proposed amendment is not inconsistent with the intent ofthe
Final Plat;
c. Conformance with Final Plat Requirements. The proposed amendment conforms to the
Final Plat requirements and other applicable regulations, policies and guidelines;
d. Improvements Agreement. An improvements agreement is not applicable; and
e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable.
Mr. Simonton spoke to the two letters raising concern with use ofthe pedestrian easement and
view corridors.
Jack McClain, applicant, stated the reason they are requesting moving the building envelope as
the current one encroaches on an easement. He stated the skier easement usually runs between lots 26
and 27. Due to piping, the easement was moved to a location between lots 25 and 26. The equestrian
easement will not be encroached. He stated he believes the Pavlicks, owners oflot 25, have a personal
issue with him. He stated the building envelope will improve the Pavlicks view corridor. He stated the
owners of Lot 26 are in favor of the proposal. He stated they are willing to work with the County.
Chairman Pro-tern Menconi asked for public comment. There was none.
Commissioner Stone asked if Scott Hunn, Beaver Creek Design Review Board, agreed with the
applicant.
Mr. Hunn stated he does. He related the Pavlicks do have a personal matter with the applicant.
This application does not affect the easement nor the view corridor..
Commissioner Stone moved the Board approve File No. AFP-00136, Beaver Creek Subdivision,
Filing 4 and authorize the Chairman to sign the plat.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
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01-22-2002
LUR-00037, Land Use Regulation Amendments
Bob Narracci, Planning Manager, presented file number LUR-00037, Land Use Regulation
Amendments. He requested this matter be tabled to February 12,2002.
Commissioner Stone moved to table file number LUR-00037, Land Use Regulations
Amendments, to February 12,2002, at the applicants request.
Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
January 29, 2002.
Attest:
Clerk to the Bo
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01-22-2002