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HomeMy WebLinkAboutMinutes 05/06/03 PUBLIC HEARING MAY 6, 2003 Present: Chairman Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak J. Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: GENERAL FUND 21 ST CENTURY PHOTO SUPPLY A & H GRAPHICS A-1 COLLECTION AGENCY AAA COLLECTORS ACCOUNT BROKERS ACTIVE COMMUNICATIONS AFFORDABLE PORTABLE AIRGAS INTERMOUNTAIN INC ALLlANT FOOD SERVICE, INC ALPHA INTERACTIVE GROUP ALPINE EYEWEAR AMERICAN LUNG ASSOCIATION AMERICAN PUBLIC WRKS ASSC AMERICAN TOWER CORP AMERIGAS AMICH AND JENKS INCORPORA ANDERSON & KEIL ANIMAL HOSPITAL OF VAIL APEX SECURITY ARMOR HOLDINGS INC ASPEN BASE OPERA TON ASPEN CTR FOR WOMENS HL TH AT & T WIRELESS SERVICES AUBURN HOTEL AVALANCHE PLUMBING AVON CENTER AT BEAVER CK AVON COMMERCIAL OWNERS B & R SEPTIC, ROOTER B J ROWE BARBARA McDOUGALL BASALT SANITATION DIST BERLITZ LANGUAGE CENTER BEST ACCESS SYSTEMS BILL LOPEZ BOB BARKER COMPANY SUPPLIES SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SUPPLIES 54.29 64.20 50.00 23.10 24.78 59.00 93.00 70.00 1,943.40 65.00 10.00 254.11 115.00 875.00 1,049.10 360.00 13.64 150.00 455.00 995.00 1,386.93 3,325.00 4,497.40 1,104.00 3,239.64 1,864.53 2,012.99 620.00 47.96 18.00 121.50 150.00 284.60 4,782.00 276.46 1 May 6, 2003 BONDED BUSINESS SERVICE BOYZ TOYZ & SONZ BRADFORD PUBLISHING CO BRIGADE QUARTERMASTERS LI BROWNING FERRIS IND C & H DISTRIBUTORS INC CALOIA & HOUPT PC CAREERTRACK CARMEN LOZOYO-VELEZ CENTRAL DISTRIBUTING CENTRAL PARTS WAREHOUSE CENTURYTEL CGFOA CHARLES B DARRAH CHEMATOX INC. CHINA TOWN CHRISTINE L MOTT CLASSIC PLUMBING CO ASSOC FAIRS & SHOWS CO COUNTIES INCORPORATED CO DEPT PUBLIC HEALTH & CO DEPT PUBLIC HEALTH AND CO STATE ASSOC CLERK AND CODY COMPUTER SERVICES COLLEEN WIRTH COLORADO DOOR CONTROL COLORADO MOUNTAIN NEWS COLORADO PLUMBING SERVICE COLORADO SOCIETY OF CPAs COLORADO WEST MENTAL HL TH COLUMBINE MARKET COM-LINK COMFORT INN CONSERVE A WATT LIGHTING CONTRACT PHARMACY SERVICE COOPERATIVE EXTENSION COPY PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING COUNTERMEASURES TATICAL DAILY SENTINEL THE DAN STANEK DAVE MOTT DAVID C LUGERT DAVID CARTER DAVID GUINNEE, DVM DAY TIMERS INCORPORATED DEBBIE FABER DEEP ROCK WEST DEFENSE FINANCE/ACCOUNTNG DELL INC DELPHIC INFORMATION DENNIS KARPUSKA DENNIS WILLEY REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT 2 1.86 433.85 42.45 102.10 1,638.72 1,326.69 2,829.21 99.00 182.16 2,292.70 7.34 10,879.18 125.00 3.72 140.00 38.50 1,965.00 175.00 50.00 178.75 40.26 189.80 200.00 4,000.00 195.00 11.95 3,327.49 104.00 225.00 2,340.00 31.73 25.19 194.24 1,172.06 1,132.96 61.00 68.97 4,507.55 940.38 260.00 655.59 110.00 72.00 13.64 23.47 1,875.00 27.97 137.45 172.17 239.04 19,752.78 25.00 50.32 69.00 May 6, 2003 DENVER CHECKWRITER, INC. DENVER NEWSPAPER AGENCY DIV PROPERTY TAXATION DOCTORS ON CALL DON'S TRIMWORKS DONNA BARNES CORONER DOROTHY SAVAGE DOSIA LAEYENDECKER DOUG WINTERS DRURY INN EAGLE AMOCO EAGLE AUTO RECYCLING & EAGLE CARE MEDICAL CLINIC EAGLE COMPUTER SYSTEMS EAGLE CONVENIENCE STORE EAGLE COUNTY FAIR EAGLE COUNTY MOTOR POOL EAGLE INDUSTRIES UNLlMITD EAGLE PHARMACY EAGLE RIVER WATER AND EAGLE RIVER YOUTH COAL. EAGLE SUPPLY EAGLE VALLEY ENTERPRISE EAGLE VALLEY MEDICAL EAGLE VALLEY PRINTING EARL GLENWRIGHT EARTHLlNK, INC. ELAINE WOLF ELECTION CENTER EMILIA GONZALEZ EPS DESIGN AND PRINT EXTENSION PROGRAM FUND FACTORY SURPLUS FAMILY SUPPORT REGISTRY FAMILY VISITOR PROGRAM FARMER BROTHERS FARRELL & SELDIN FEDERAL EXPRESS FELSBURG HOLT & ULLEVIG FILE FINDERS L TO FINELlNE FIRE SPRINKLER SERVICES FIRKINS GARAGE DOORS FIRST BANKS FITZSIMMONS MOTOR COMPANY FLIGHT GUIDE PUBLICATIONS FLIGHT SUITS FLYING COLORS HORSE SUPPL FORINASH KATHLEEN FORT DODGE CSRU FRANKLIN COVEY FRED PRYOR SEMINARS GALLS INCORPORATED GE CAPITAL SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE 3 28.85 1,199.55 95.00 75.00 1,295.00 313.80 59.34 90.00 93.24 349.95 322.00 30.00 10,841.00 6,446.25 400.00 52,809.00 718.75 212.79 333.20 108.85 1,143.75 86.00 20.00 72.00 3,906.02 90.00 312.52 90.00 1,672.00 149.70 377.43 1,071.67 277 .88 1,710.84 119.19 282.30 50.00 589.09 3,828.00 270.00 286.90 450.00 388.75 20,055.92 40.00 27.75 748.75 1,239.00 118.10 25.00 93.11 195.00 39.98 159.99 May 6, 2003 GEMPLERS INC GFOA GLENWOOD INDEPENDENT GLENWOOD MEDICAL ASSOC GOOD TURNS SOFTWARE GRACE FINNEY GRAINGER INCORPORATED GRAND JUNCTION PIPE AND GYPSUM CENTER HASLERINC HEALTH & HUMAN SERVICES HEALTH CARE LOGISTICS HEALTH INSURANCE FUND HELP DESK HELPING BABIES LEARN HERMAN MILLER INC. HIGH COUNTRY COPIERS HODGES BADGE COMPANY HOLIDAY INN HOLY CROSS ELECTRIC ASSOC HP EXPRESS SERVICES HSS RENTX HYATT REGENCY TECH CENTER ICC IMLA IN FOCUS INTERNAL REVENUE SERVICE INTUIT INFORMATION IRENE MARTINEZ J BAR 0 CATERING JACQUELINE ALLEN JAMES VAN BEEK JANET CONNORS JEFF GIBSON JIM DUKE JOHN E REID & ASSOCIATES JOHN HILDRETH JOHN LOWERY JOHN PLANO JOHNSON KUNKEL & ASSOC JOSEPH L FORINASH JUSTIN HILDRETH KARA BETTIS, CORONER KAREN WADDELL KATIE BRANDRUP KATIE HARPER KINDER MORGAN INC KINETICO WATER PROS KROGER L-3 COMMUNICATIONS CORP LAB SAFETY SUPPLY LANDS END INCORPORATED LANIE MARTIN LAPIN & ASSOCIATES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SUPPLIES EMPLOYEE INCENTIVE REIMBURSEMENT REIMBURSEMENT 4 193.30 1,530.00 107.00 282.00 1,448.00 15.87 213.07 1.68 25.00 178.50 297.88 111 .38 8,009.26 180.00 68.00 502.85 1,556.60 1,073.54 86.00 11,747.45 999.00 12.50 560.00 2,854.26 350.00 2,636.00 688.47 1,866.25 500.00 1,400.00 10.37 1,266.00 59.40 272.00 17.40 550.00 157.91 1,400.00 65.81 300.00 12.60 95.91 28.07 276.00 30.00 273.76 5,860.73 40.05 249.42 5,058.00 57.57 39.00 94.62 29.34 May 6, 2003 LASER JUNCTION LAW ENFORCEMENT SUPPLY LEATHER SPECIALTIES LEGACY COMMUNICATIONS INC LEO V JIMENEZ LEXISNEXIS LINDA HUBBELL LINDA MAGGIORE LISA JACQUEZ LOCAL GOVERNMENT LAW LORIE CRAWFORD LYNN ALBERS M KELLY L1EKIS RN M LEE SMITH PUBLISHERS MACHOL&JOHANNES MAINTENANCE WAREHOUSE MALINDA CASTLE MALINDA GRIFFIN MARILYN MENNS MARK SCOTT OLIVER MARKS PLUMBING PARTS MARLENE MC CAFFERTY MARLlSA MIZERAK MARSHA RICH MAXIMUS INC MBIA MCCAULLEY REBECCA T MCMASTER CARR MEDICAL CENTER OF EAGLE MESA COUNTY HEALTH DEPT MICHELLE BALL MICRO WAREHOUSE MICROW AREHOUSE MID VALLEY METROPOLITAN MIKE LEDERHAUSE MONICA JACOX MOORE MOORE MEDICAL CORP MOTOR POOL FUND MOUNTAIN COMMUNICATIONS MOUNTAIN PEDDLER MOUNTAIN STATES EMPLOYERS MOUNTAIN TEMP SERVICES NACCHO NEW HORIZONS COMPUTER NEWARK ELECTRONICS NFPA NIGHTINGALE CONANT CORPOR NOBEL SYSCO FOOD SERVICES OMB POLICE SUPPLY OMNIFAX ORGANIZED EXECUTIVE, THE OSM DELIVERY LLC OTTO, PORTERFIELD, POST SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SUPPLIES SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT 5 334.00 366.56 81.60 1,476.24 49.98 1,138.00 322.00 48.10 36.36 300.00 115.92 100.00 10.35 247.00 139.34 80.90 8.33 17.69 43.20 25.00 161 .48 112.56 220.84 7.00 549.00 4,051.47 41 .40 34.64 315.00 37.50 236.67 944.58 269.29 377.72 87.60 5.70 10,895.64 321.92 42,022.64 530.25 228.00 345.00 881.64 125.00 900.00 619.70 135.00 47.90 2,342.55 6,171.95 841.60 97.00 399.00 2.48 May 6, 2003 OVERLAND AND EXPRESS COMP PAINT BUCKET THE PAPER WISE PEAK CIVIL ENGINEERING IN PEAK PERFORMANCE COPIER & PEGASUS SATELLITE PEGGY GRAYBEAL PET FOOD L TO PETER SULMEISTERS PETTY CASH PETTY CASH ACCOUNTING PITNEY BOWES PITNEY BOWES INCORPORATED PLANNING COMMISSIONERS POCATELLO SUPPLY DEPOT PONDEROSA ENTERPRISES POSTMASTER EAGLE BRANCH PREMIER ELECTRIC CO INC PRIME RX PRIMEDIA WORKPLACE PROWERS MEDICAL CENTER PSS, INC PURCHASE POWER QUEST DIAGNOSTICS QWEST QWEST INTERPRISE NETWRKNG RAYMOND P MERRY RA YMONDS OFFICE MACHINES RICHARD GALLOWAY RICHARD KESLER ROACH EARLENE ROBERT KURTZMAN DO ROCKY MOUNTAIN RECORDS ROCKY MOUNTAIN REPROGRAPH ROGER MOORE ROUT COUNTY ASSESSOR SACHS LAWLOR SALT LAKE AREA GANG PROJ SARAH SCHIPPER SAWAYA AND ROSE SCAN AIR OF COLORADO INC SCHINDLER ELEVATOR CORP SCHWAAB SECRETARY OF STATE SENN LEWIS VISCIANO SERVICEMASTER CLEAN SHAINHOL TZ TODD HODS SHEAFFER KAREN SIGNATURE SIGNS SILVER & DEBOSKEY SINTON DAIRY COMPANY SNOWHITE LINEN SOFTWARE SPECTRUM SOUTHERN POLICE INSTITUTE SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE 744.00 151.70 1,038.00 2,225.00 198.90 358.75 140.00 631.25 20.12 75.02 170.25 4,980.00 97.25 275.00 1,877.89 2,109.00 5,000.00 1,166.00 57.98 388.00 28.00 473.25 12,120.00 205.54 5,945.05 298.18 56.66 308.45 25.00 8,146.61 20.70 750.00 95.00 5,300.40 25.00 150.00 15.00 115.00 543.87 25.00 2,266.16 2,195.76 31.05 10.00 26.86 32,495.67 1,039.00 134.28 667.40 49.22 469.07 150.34 2,034.00 995.00 6 May 6, 2003 SPECIALTIES INCORPORATED SPECIMENS UNLIMITED STEPHANIE GLENWRIGHT STERICYCLE INC STRAWBERRY PATCH SUE MOTT SUMMIT COUNTY SENIORS SUMMIT LUMBER SUSPENSE FUND THIMGAN & ASSOCIATES THOMAS 0 SILVERMAN TOM C STONE TOOL CLINIC INCORPORATED TOWN OF BASALT-WATER FUND TOWN OF EAGLE TRANSCOR AMERICA INC TRI COUNTY FIRE UNIFORM KINGDOM UNITED PARCEL SERVICE UNITED REPROGRAPHIC UNIV COLORADO AT BOULDER US TACTICAL SUPPLY USDA RURAL DEVELOPMENT VAIL ELECTRONICS VAIL LOCK AND KEY VAIL MOUNTAIN COFFEE VAIL SIGN CORPORATION VAIL TRAIL THE VAIL VALLEY EMERGENCY VAIL VALLEY MEDICAL CENTR VAILNET INC VALLEY JOURNAL VALLEY LUMBER VALLEY PARTNERSHIP VALLEY VIEW HOSPITAL VAN DIEST SUPPLY COMPANY VERIZON WIRELESS, VERNON K SESSIONS VICTOR CROCCO VIOLA ULLERICK WAHRER JENNIE RN WALTER MATTHEWS IV WALZ POSTAL SOLUTIONS INC WASTE MANAGEMENT WECMRD WELLS FARGO WENDY BOGNER WEST GROUP WESTERN PAGING WIND RIVER TREES WORLDCOM WPRA WRIGHT WATER ENGINEERS WYLACO SUPPLY COMPANY SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE PAYROLL EXPO REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES 147.50 25.00 90.00 285.48 92.50 90.00 2,424.41 630.40 75,957.76 15,100.00 15.62 221.00 251.96 131.60 2,204.95 3,142.83 123.00 1,302.56 507.79 368.21 40.00 152.70 175.00 476.25 10.65 220.05 110.00 500.00 990.00 37.95 67.80 20.00 99.75 2,531.00 23.01 1,218.00 1,680.25 25.00 5.40 105.00 271.81 15.00 473.02 95.00 375.00 272,920.87 129.49 149.50 8.00 465.00 2,579.73 100.00 2,262.52 12.99 7 May 6, 2003 XCELENERGY SERVICE 273.99 XEROX CORPORATION SERVICE 4,845.85 YOUR PERSONAL CHEF SERVICE 373.25 ZANCANELLA & ASSOCIATES SERVICE 238.70 ZEE MEDICAL SERVICE SUPPLIES 99.13 ZERO TO THREE SERVICE 10.00 PAYROLL FOR APRIL PAYROLL 7 & 8 606,616.42 1,448,893.47 ROAD AND BRIDGE FUND A CUT ABOVE FORESTRY SERVICE 1,007.50 BILL BOCELAWATZ REIMBURSEMENT 75.00 BROWNING FERRIS IND SERVICE 70.47 CENTRAL DISTRIBUTING SUPPLIES 75.52 COLORADO MOUNTAIN NEWS SERVICE 100.00 COMPLIANCE ALLIANCE INC SERVICE 138.86 COUNTRY INN SERVICE 99.98 DEEP ROCK WEST SERVICE 24.70 DRURY INN SERVICE 69.99 EAGLE COUNTY PURCHASING SUPPLIES 70.54 EAGLE VALLEY MEDICAL SERVICE 219.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 647.71 HERMAN MILLER INC. SERVICE 503.36 INTERWEST SAFETY SUPPL Y SUPPLIES 274.65 JAKE J STULL REIMBURSEMENT 75.00 JOHN T HARRIS REIMBURSEMENT 75.00 KINDER MORGAN INC SERVICE 394.44 LAFARGE CORPORATION SERVICE 20,742.50 MATT JARAMILLO REIMBURSEMENT 75.00 MOTOR POOL FUND SERVICE 5,523.48 MOUNTAIN MAINTENANCE SERVICE 100.00 ONEILL KERRY REIMBURSEMENT 75.00 RHONDA PARKER REIMBURSEMENT 15.94 RMAEC SERVICE 75.00 SCULL YS ART OFFICE AND SUPPLIES 13.90 SERVICEMASTER CLEAN SERVICE 885.59 STRAWBERRY PATCH SERVICE 60.00 SUSPENSE FUND SERVICE 5,308.59 TECHNICAL ASSISTANCE CNTR SERVICE 900.00 TOOL CLINIC INCORPORATED SUPPLIES 98.24 TOWN OF GYPSUM SERVICE 239.85 WELLS FARGO PAYROLL EXPO 24,373.05 WRIGHT'S WELDING SUPPLY SUPPLIES 35.35 WYLACO SUPPLY COMPANY SUPPLIES 138.96 XEROX CORPORATION SERVICE 156.00 PAYROLL FOR APRIL PAYROLL 7 & 8 57,045.04 119,783.21 8 May 6, 2003 SOCIAL SERVICES FUND ARLlSS SIMS BETH HERVEY BOULDER COUNTY SHERIFF BRIAN MOBLEY BUDDIES PROGRAM, THE CAREERTRACK CATHERINE CRAIG CATHERINE ZAKOIAN, MA CHILD HEALTH ADVOCATES CHINA TOWN CO COUNTIES INCORPORATED CO FAMILY SUPPORT COLORADO WEST MENTAL HL TH CORPORATE EXPRESS CRAIG SMITH DALCO REAL TY EAGLE COUNTY PURCHASING EAGLE COUNTY SHERIFFS OFF EAGLE VALLEY PRINTING EUROPEAN CATERERS L TO FAMILY SUPPORT REGISTRY FORINASH KATHLEEN HEALTH INSURANCE FUND HIGH COUNTRY COPIERS ISABEL SANCHEZ JERRI OLSON JOEL KARR JOHN C COLLINS PC KAREN LAJOY SMITH MA LPC KARINA MEDINA KATHY REED KSPN LABORATORY CORPORATION OF LISA GRIGGS LITERACY PROJECT LYONS KATHLEEN MARIAN MCDONOUGH MARY B EZEQUELLE LCSW MESA COUNTY SHERIFF MICHAEL CLAUSSNER MICROW AREHOUSE MOTOR POOL FUND NICOLE KELSAY PEAK PERFORMANCE COPIER & PETTY CASH ACCOUNTING PUEBLO COUNTY SHERIFF OFF QUILL CORPORATION RED RIBBON PROJECT RENEE FIELDS RESOURCE CENTER ROCKY MOUNTAIN HOMECARE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT REIMBURSEMENT EMPLOYEE BENEFIT SUPPLIES REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE 23.52 390.00 20.20 100.00 8,605.91 198.00 219.44 180.00 222.03 31.50 172.56 320.00 2,185.00 35.57 91.08 500.00 96.29 15.54 155.48 260.68 700.00 291.68 723.86 14.40 11.73 168.02 324.84 2,790.00 420.00 26.00 422.03 150.00 162.00 74.39 9,227.75 440.14 486.53 60.00 23.56 120.00 2,159.95 532.23 45.20 159.48 111 .25 37.40 303.96 2,590.69 655.95 3,639.96 250.00 9 May 6, 2003 SAMARITAN CNTR OF ROCKIES SERVICE 120.00 SUSPENSE FUND SERVICE 6,143.02 TERRI ALLENDER SERVICE 840.00 VALLEY PARTNERSHIP SERVICE 3,915.47 VANASK WAREHOUSE COMPANY SERVICE 50.45 VERIZON WIRELESS, SERVICE 362.25 WELLS FARGO PAYROLL EXPO 18,245.58 XEROX CORPORATION SERVICE 228.30 PAYROLL FOR APRIL PAYROLL 7 & 8 37,460.15 108,311.02 RETIREMENT FUND SUSPENSE FUND EMPLOYEE BENEFIT 64,973.88 64,973.88 CAPITAL IMPROVEMENTS FUND 21 ST CENTURY SEEDERS INC SERVICE 1,343.25 ATLANTIS, LLC SERVICE 813.80 BAND B EXCAVATING SERVICE 13,738.50 BEAR PROOF INC. SUPPLIES 1,248.00 BEAUDIN GANZE CONSUL TING SERVICE 261.20 CO DEPT TRANSPORTATION SERVICE 998.00 COpy PLUS SUPPLIES 122.10 FLORIDA MICRO SERVICE 5,398.00 HOLIDAY INN EXPRESS SERVICE 1,268.40 J S LENGEL ASSOCIATES INC SERVICE 11,250.00 JESSE ALBERTS SERVICE 7,574.00 MICRO WAREHOUSE SERVICE 2,277 .91 MICROW AREHOUSE SERVICE 999.00 ORAN F&PAULA A PALMATEER SERVICE 2,800.00 PEAK CIVIL ENGINEERING IN SERVICE 2,200.00 PETER BERGH SERVICE 9,625.00 SOFTMART INC SERVICE 87.00 STEVENS HOME CARE INC SERVICE 17,220.47 UNION PACIFIC RAILROAD CO SERVICE 19,386.00 98,610.63 SALES TAX E.V. TRANSP. A1 AUTO ELECTRIC COMPANY SUPPLIES 3,154.45 ACTIVE COMMUNICATIONS SUPPLIES 27.00 AT & T WIRELESS SERVICES SERVICE 170.99 BRODY CHEMICAL SUPPLIES 500.93 BROWNING FERRIS IND SERVICE 246.78 CALIFORNIA CONTRACTORS SUPPLIES 139.00 CENTRAL DISTRIBUTING SUPPLIES 83.95 COLLETTS SUPPLIES 60.60 COLUMBINE MARKET SERVICE 145.44 10 May 6, 2003 COMPLIANCE ALLIANCE INC SERVICE 372.15 COpy PLUS SERVICE 103.32 CORPORATE EXPRESS SUPPLIES 174.03 CUMMINS ROCKY MOUNTAIN SUPPLIES 21,461.18 DAVID JOHNSON REIMBURSEMENT 17.25 DESIGN GLASS INCORPORATED SERVICE 845.63 DOCTORS ON CALL SERVICE 275.00 EAGLE COUNTY MOTOR POOL SERVICE 735.33 FAMIL Y SUPPORT REGISTRY REIMBURSEMENT 173.07 FEDERAL EXPRESS SERVICE 151.41 FREEDMAN SEATING COMPANY SUPPLIES 1,050.00 G & K SERVICES SERVICE 146.40 GENERAL ELECTRIC SERVICE 565.24 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 1,143.34 HIGH COUNTRY LOCK & KEY SERVICE 26.00 HOL Y CROSS ELECTRIC ASSOC SERVICE 28.52 IMPACT GRAPHICS & SIGNS SERVICE 5.00 KINDER MORGAN INC SERVICE 1,427.36 KTUN-FM RADIO SERVICE 450.00 LAMINATION SERVICE INC SERVICE 964.54 LAWSON PRODUCTS SUPPLIES 342.87 MAIN AUTO PARTS SUPPLIES 69.62 MOTOR POOL FUND SERVICE 3,504.74 NEWARK ELECTRONICS SERVICE 129.76 ONE OF A KIND DESIGN SERVICE 75.00 QUILL CORPORATION SUPPLIES 468.27 QWEST SERVICE 401.63 RON E BECK SERVICE 3,200.00 SAFETY KLEEN (WHICITA) SERVICE 147.62 SAN DIEGO COUNTY OF THE REIMBURSEMENT 55.38 SERVICEMASTER CLEAN SERVICE 3,101.14 STEPHEN RICHARDS SERVICE 250.00 SUSPENSE FUND SERVICE 9,532.86 TOWN OF GYPSUM SERVICE 839.93 VAIL SPORTS MEDICINE SERVICE 750.00 VAIL VALLEY COMMUNITY SERVICE 2,663.95 VERIZON WIRELESS, SERVICE 25.08 WELLS FARGO PAYROLL EXPO 54,037.11 XCEL ENERGY SERVICE 600.42 PAYROLL FOR APRIL PAYROLL 7 & 8 139,120.22 253,959.51 SALES TAX E.V. TRAILS COLUMBINE MARKET SERVICE 23.42 COpy PLUS SERVICE 21.00 EAGLE EYE PHOTO SERVICE 20.95 ELLIE CARYL REIMBURSEMENT 118.57 FEDERAL EXPRESS SERVICE 17.35 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 5.36 NOBLE WELDING SERVICE 295.00 SUSPENSE FUND SERVICE 137.38 11 May 6, 2003 VAIL DAILY THE SERVICE 150.00 WELLS FARGO PAYROLL EXPO 873.22 1,662.25 AIRPORT FUND A & H GRAPHICS SERVICE 20.00 AARON REEVES SERVICE 100.00 ADRIENNE BRINK-SCHEU SERVICE 100.00 AIRGAS INTERMOUNTAIN INC SERVICE 142.00 AIRPLANNERS, LLC SERVICE 5,000.00 ALICIA GARCIA SERVICE 100.00 ALPINE PARTY RENTALS SERVICE 335.20 AMANDA CARTER SERVICE 100.00 AMERICAN ASSOC AIRPORT SERVICE 695.00 ANDREW JOHNSON REIMBURSEMENT 240.00 ANITA MICHEL SERVICE 100.00 APEX SECURITY SERVICE 353.75 ASMI SERVICE 8,055.00 AT & TWIRELESS SERVICES SERVICE 53.12 BENCHMARK ENGINEERING SERVICE 200.00 BERTHOD MOTORS SERVICE 66.32 BROWNING FERRIS IND SERVICE 384.71 CALOIA & HOUPT PC SERVICE 754.50 CAROL HINDMAN SERVICE 100.00 CENTURYTEL SERVICE 2,439.26 CHERYL TIMMONS SERVICE 100.00 CLAIRE DOLL SERVICE 100.00 COLLETTS SERVICE 66.40 COLORADO DEPT REVENUE SERVICE 36.60 COLORADO MOTOR PARTS SUPPLIES 224.54 COLORADO MOUNTAIN COLLEGE SERVICE 574.00 COLUMBINE MARKET SERVICE 254.45 CONCESSIONS INTERNATIONAL SERVICE 386.27 CORPORATE EXPRESS SUPPLIES 169.41 CROUSE HINDS AIRPORT SERVICE 109.95 DEBORAH CHURCHILL REIMBURSEMENT 164.44 DEEP ROCK WEST SERVICE 336.10 DODSON ENGINEERED SERVICE 199.23 DOLLAR RENTAL SERVICE 100.00 DOLPHIN CAPITAL CORP SERVICE 271.78 DRIVE TRAIN INDUSTRIES SERVICE 165.19 EAGLE COUNTY PURCHASING SUPPLIES 81.61 EAGLE PHARMACY SERVICE 223.50 ERIC BROWN SERVICE 100.00 FREIDA HAROLD SERVICE 100.00 GATEKEEPER SYSTEMS SERVICE 858.00 GAYLE MAILLEY SERVICE 100.00 GLENWOOD AUTO ELECTRIC SERVICE 128.59 GLORIA VENZOR SERVICE 100.00 GYPSUM TOWN OF SERVICE 344.25 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 468.26 HILL & COMPANY SERVICE 8,994.50 12 May 6, 2003 HOLY CROSS ELECTRIC ASSOC IMAGINIT EMBROIDERY J BAR 0 CATERING JEANNE WING JIM REISER JJ KELLER AND ASSOCIATES JOHN CORTEZ JONATHAN DITMER JUDY HAGAN JUSTIN ALDRICH KATIE MELANEY KIM DIRKER KINDER MORGAN INC KROGER KURT KELLER LANDS END INCORPORATED LAWSON PRODUCTS LIGHTNING SERVICES LINDA STALNAKER M & M AUTO PARTS MACDONALD EQUIPMENT CO MAIN STREET GALLERY AND MARK R DAVIDSON MICRO WAREHOUSE MIDWEST AIR TRAFFIC MITCH COLLIER MOTOR POOL FUND MULTI ELECTRIC MFG INC NANCY STAQUET OSHKOSH TRUCK CORPORATION OVERLAND AND EXPRESS COMP PETTY CASH ACCOUNTING RITA SWIECILO SARAH MONCRIEF SECURITY PRODUCTS UNL TO SERVICEMASTER CLEAN STARLA MEIKLE STEWART & STEVENSON POWER SUMMIT LUMBER SUSAN LAU SUSPENSE FUND TAMMY MARTINEZ TOWN OF GYPSUM VAIL VALLEY JET CENTER VERIZON WIRELESS, VISION ICS CORP WELLS FARGO WESTIN BONAVENTURE HOTEL WILLIAM E PAYNE & ASSOC WORLDCOM WYLACO SUPPLY COMPANY XEROX CORPORATION SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPO SERVICE SERVICE SERVICE SUPPLIES SERVICE 68,156.38 95.78 2,242.50 100.00 100.00 459.39 100.00 220.00 100.00 100.00 100.00 100.00 1,276.64 4.00 100.00 1,125.40 1,329.60 130.00 100.00 266.30 1,404.90 252.11 16.00 269.29 26,350.00 100.00 1,705.68 1,478.86 100.00 537.41 699.50 124.00 100.00 100.00 2,815.00 1 ,161 .49 100.00 298.28 157.84 100.00 2,323.98 100.00 9,650.00 23.88 48.73 425.00 20,232.52 1,123.69 27,338.70 174.73 42.12 150.94 PAYROLL 7 & 8 13 50,741.93 May 6, 2003 PAYROLL FOR APRIL 260,548.50 MICROWAVE MAINT FUND SKI COOPER SERVICE 41.54 41.54 DEBT SERVICE FUND US BANK TRUST NA SERVICE 49,250.00 49,250.00 JMC-COP DEBT SERVICE FUND JMC COP DEBT SERVICE FUND SERVICE 282,290.72 US BANK TRUST NA SERVICE 66,175.53 348,466.25 CONSTRUCTION FUND PALIN EQUIPMENT, CORP. SERVICE 192,367.30 PEAK CIVIL ENGINEERING IN SERVICE 650.00 TOWN OF GYPSUM SERVICE 1,547.29 194,564.59 HOUSING FUND CO HOUSING ASSISTANCE SERVICE 150,000.00 GARFIELD COUNTY HOUSING SERVICE 1,146.00 151,146.00 LANDFILL FUND CARDINAL CONTAINERS SUPPLIES 1,175.31 CO DEPT OF HEAL TH SERVICE 62.00 CO DEPT PUBLIC HEALTH & SERVICE 10,204.87 CO DEPT PUBLIC HEALTH AND SERVICE 965.55 COLLETTS SERVICE 12,875.00 DEEP ROCK WEST SERVICE 20.39 DOWN V ALLEY SEPTIC SERVICE 330.00 EAGLE COUNTY PURCHASING SUPPLIES 1.20 EAGLE VALLEY ALLIANCE SERVICE 10,000.00 FIREBUSTER SOLUTIONS SERVICE 101.95 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 322.88 KRW CONSUL TING INC SERVICE 5,713.71 MOTOR POOL FUND SERVICE 848.16 14 May 6, 2003 OXFORD RECYCLING INC SERVICE 2,999.31 PEAK CIVIL ENGINEERING IN SERVICE 2,120.00 ROAD AND BRIDGE DEPARTMEN SERVICE 50,217.09 RONALD RASNIC REIMBURSEMENT 108.01 SANDYS OFFICE SUPPLY SUPPLIES 113.49 SCULL YS ART OFFICE AND SUPPLIES 89.60 SERVICEMASTER CLEAN SERVICE 1,692.46 SUSPENSE FUND SERVICE 1,852.53 WAGNER CONSTRUCTION INC SERVICE 31,581.11 WASTE NEWS SERVICE 89.00 WELLS FARGO PAYROLL EXPO 7,387.29 XEROX CORPORATION SERVICE 120.00 PAYROLL FOR APRIL PAYROLL 7 & 8 16,664.67 157,655.58 MOTOR POOL FUND AL-JON INC SERVICE 1,806.54 BARNES DISTRIBUTION SUPPLIES 31.86 BERTHOD MOTORS SERVICE 32,981.86 BRODY CHEMICAL SUPPLIES 340.18 BROWNING FERRIS IND SERVICE 182.09 CENTRAL DISTRIBUTING SUPPLIES 75.53 COLLETTS SUPPLIES 68,983.18 COLORADO MOTOR PARTS SUPPLIES 1,515.46 CRAIG POFF REIMBURSEMENT 40.06 D&M WIRE ROPE INC SERVICE 50.03 EAGLE AMOCO SERVICE 51.00 EDDIE VELASQUES REIMBURSEMENT 31.62 EMED COMPANY INC SERVICE 127.33 FIREBUSTER SOLUTIONS SERVICE 1,047.50 FLORIDA MICRO SERVICE 2,158.00 FORCE AMERICA SERVICE 8.21 G & K SERVICES SUPPLIES 439.61 G JCT CHRYLSER JEEP DODGE SERVICE 142,847.00 GLENDA WENTWORTH REIMBURSEMENT 54.51 GLENWOOD SPRINGS FORD SERVICE 11,449.00 GOODYEAR WHOLESALE TIRE SERVICE 1,489.48 GRAND JUNCTION PIPE AND SUPPLIES 44.26 H & H HYDRAULICS INC. SUPPLIES 48.56 HANSON EQUIPMENT SERVICE 139,788.60 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 287.54 HENSLEY BATTERY SERVICE 647.77 HONNEN EQUIPMENT SERVICE 148,343.00 KAR PRODUCTS INCORPORATED SERVICE 42.35 KEMP AND COMPANY INC SERVICE 79.20 KINDER MORGAN INC SERVICE 1,019.78 KOIS BROTHERS SERVICE 137.32 LAWSON PRODUCTS SUPPLIES 841 .76 MAIN AUTO PARTS SUPPLIES 64.54 MICHAEL BAUER REIMBURSEMENT 29.10 MIKE ALDRICH REIMBURSEMENT 83.67 15 May 6, 2003 MOTOR POOL FUND SERVICE 947.88 MOUNTAIN EQUIPMENT SERVICE 474.00 MUNICIPAL CONTRACTORS SUPPLIES 2,044.04 NOVUS AUTOGLASS SERVICE 760.00 POWER MOTIVE SERVICE 312.54 QUILL CORPORATION SUPPLIES 110.38 REY MOTORS INCORPORATED SERVICE 142.64 SAFETY KLEEN (WHICITA) SERVICE 602.72 SAN DIEGO COUNTY OF THE REIMBURSEMENT 55.38 SERVICEMASTER CLEAN SERVICE 2,289.61 SUMMIT LUMBER SUPPLIES 21.62 SUSPENSE FUND SERVICE 2,171.07 TOWN OF GYPSUM SERVICE 620.13 TRUCKSTUFF AND HITCHES SERVICE 295.00 TWO RIVERS CHEVROLET SERVICE 30,930.75 UNITED STATES WELDING SERVICE 274.91 VEEDER-ROOT COMPANY SERVICE 99.00 WAGNER EQUIPMENT COMPANY SERVICE 4,261.94 WELLS FARGO PAYROLL EXPO 9,417.27 WYLACO SUPPLY COMPANY SUPPLIES 333.96 PAYROLL FOR APRIL PAYROLL 7 & 8 22,204.50 635,536.84 HEALTH INSURANCE FUND DENMAN GREY AND COMPANY EMPLOYEE BENEFIT 1,025.00 EAGLE COUNTY REGIONAL EMPLOYEE BENEFIT 2,483.94 GENERAL FUND EMPLOYEE BENEFIT 10,889.83 MOUNTAIN STATES ADMIN. EMPLOYEE BENEFIT 34,978.32 PROVIDENT LIFE/ACCIDENT EMPLOYEE BENEFIT 3,633.39 ROAD AND BRIDGE FUND EMPLOYEE BENEFIT 111 .78 SOCIAL SERVICES FUND EMPLOYEE BENEFIT 632.17 UNITED STATES LIFE INS EMPLOYEE BENEFIT 3,581.50 57,335.93 ENHANCED E911 FUND CENTURYTEL SERVICE 358.45 LANGUAGE LINE SERVICES SERVICE 49.75 QWEST SERVICE 32,670.76 VOICE PRINT INTERNATIONAL SERVICE 4,224.00 37,302.96 3,988,042.16 This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: 16 May 6, 2003 Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved the Board adjourn into an Executive Session for the purpose of discussing negotiations of lease terms between Eagle County and Crown Mountain Recreation District, Multi Purpose Fields Lease, Berry Creek water issue for the housing site, and negotiations with ASW concerning balconies on the Mill Loft buildings, and further for the purpose of discussing negotiations with the School District and the partnership concerning the pond, and finally for the purpose of receiving legal advice in Vail Association, Inc., vs. Eagle County Board of Equalization, all of which are appropriate topics for discussion pursuant to c.R.S. 24-6-402 (4)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:40 a.m. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 9:30 a.m. Consent Agenda Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of April 28, 2003, subject to review by County Administrator B) Approval of payroll for May 1, 2003, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting minutes for April 1 & 15,2003 D) ) Resolution 2003-049, authorizing the Chairman ofthe Board of County Commissioners to enter into an Agreement to amend / extend the Contract with Mountain High Aviation, Inc., and execute all documents required for the closing of the transaction E) Agreement to Amend / Extend the Contract between Eagle County and Mountain High Aviation F) Agreement between Eagle County and Colorado West Regional Mental Health G) Colorado Division of Criminal Justice, revised Statement of Grant Award for Wrap Around Program Initiative (WRAP) H) Application to Corporation of National Service for additional funding to the Retired and Senior Volunteer Program I) Memorandum of Understanding between Eagle County and Alpine Activities and Games LLC J) Bid Award 2003 Centerline Marking Project, approximately 83.40 miles of centerline marking with approximately 2,249.04 square feet of words, symbols, crosswalks and stop lines to Kolbe Striping, Inc., Topeka Way, Castle Rock, Colorado K) Construction Contract with Environtech Services, Inc., for construction of a prefabricated dome structure for cinder storage at the Eagle County Maintenance Service Center in Gypsum L) Construction Contract with Ross Concrete, Inc., for construction of a concrete foundation for our prefabricated dome structure at the Eagle County Service Center in Gypsum 17 May 6, 2003 M) Temporary Construction Easement Agreement between Jesse Alberts and Eagle County - TE4 N) Temporary Construction Easement Agreement between Jesse Albert's and Eagle County TE-4A 0) Temporary Construction Easement Agreement between Oran F. Palmateer and Paula A. Palmateer and Eagle County P) Vail Valley Jet Center Lease for customs space Q) Memorandum of Agreement with U.S. Customs & Border Protection R) Air Service Agreement. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated Item F, the Agreement between Eagle County and Colorado West Mental Health should be removed and rescheduled for a future date. Chairman Gallagher inquired about item K, the Construction Contract with Envirotech Services. He asked about the height of the dome and its placement on the property. Mark Davidson, Airport Manager, stated he was not aware of any height problems. Brad Higgins, Road & Bridge Director, stated this dome was designed two feet under the current height restrictions. Commissioner Stone moved to approve the Consent Agenda as presented, pulling item F. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00165, Lot 14, Block 4, Tract H, Beaver Creek Subdivision, Filing 5.:. He stated this was an Amended Final Plat, the intent of which is to reconfigure the building envelope for Lot 14 in order to accommodate a modest expansion of the existing home. The size of the envelope will not change. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) ofthe 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. 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 Menconi moved to approve final plat file number AFP-00165, Lot 14, Block 4, Tract H, Beaver Creek Subdivision, Filing 5. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2003-050, To Approve the Rather Subdivision Zone District Amendment (Eagle County File No. ZC-00061). The Board considered the Applicant's request on March 18,2003. 18 May 6, 2003 Commissioner Stone moved to approve Resolution 2003-050, to approve the Rather Subdivision Zone District Amendment, file number ZC-00061. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-051, Approving an Amendment to the Arrowhead at Vail Planned Unit Development (Eagle County File No. PDA-00039) The Board considered the Applicant's request on January 28th, 2003. Commissioner Menconi moved to approve Resolution 2003-051, approving an Amendment to the Arrowhead at Vail Planned Unit Development, file number PDA-00039. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Boaters Bar LLC Boaters Bar This is a renewal of an optional premise license. This establishment is located on Trough Road, at Rancho Del Rio. There have been no complaints or disturbances during the past year. Commissioner Menconi moved to approve the Liquor License Consent Agenda for April 29, 2003 as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Dollar and Up Discount Earlene Roach presented a new 3.2% Off Premise Beer License for NASRO Corporation, d/b/a Dollar and Up Discount. The first order of business is to establish the neighborhood and the needs of that neighborhood. Staff recommends the neighborhood be the Edwards Community, which includes Riverwalk, Old Edwards Estates IV, River Front Subdivision and Edwards Village Subdivision. Ms. Roach summarized a letter from Deb Marquez, owner of Fiestas Restaurant. Ms. Marquez would like this request to be denied for several reasons and Ms. Roach addressed each of these concerns as follows: The first item she spoke to was the target market which seems to be for children and teenagers. She stated she inspected the store recently. It stocks groceries and trinkets, candy, pop, etc. It is a smaller version of a convenience store. She stated she is sure that children probably do stop to buy candy and pop, as they do with other convenience stores. However, on her visit, the customers that came in were all adults. There were three or four in approximately 20 minutes. Number two refers to the amount of liquor establishments that are currently in Edwards and she lists approximately 16. There are currently 28 licenses in that area as follows: 21 Restaurants 03 3.2% Beer Licenses 03 Retail Stores 19 May 6, 2003 01 Brew Pub License This includes, Cordillera, Singletree, Arrowhead and the Edwards proper. As far as the reasonable requirements of the neighborhood, the applicant has submitted a petition consisting of 100 signatures. There were no unfavorable responses. Number three concerns a possible patio at Fiesta's Restaurant. She stated there has been no application for a modification of premises for Fiesta's submitted. It remains to be seen if that can happen. There is a small sidewalk that in her opinion would be questionable for accommodating seating. There is a small amount of parking available and it could not be disturbed. Whether a modification would be approved or not, the owner of Fiesta's would be responsible for maintaining their premises. The County has required that outside seating be fenced or there be a barrier of some sort to make all outside areas are distinct. That would apply here as well. Number four concerns trash. She stated trash would have to be dealt with by the landlord. Something as simple as another trash can would probably work. Number five regards vagrancy. Ms. Roach stated as far as loitering, the applicant would have to deal with that if it arises. The loitering we have heard of in the past is by teenagers trying to get an adult to purchase them alcohol. This is not a large area nor is the parking area large. I have spoken to Mr. Bukhari concerning these matters and what to watch for. I find it somewhat comforting that this owner will call local law enforcement if someone is hanging around outside his establishment. These are the same tactics as the other establishments use. There is nothing in the Colorado Liquor Code to prevent another 3.2% establishment from being located in this area. The only licenses that can be denied based on "undue concentration" is a Tavern License or a Retail Liquor Store License. Number six deals with an adequate lease. She stated the applicant does have an adequate lease. It is on a year by year basis but covers the appropriate period. We cannot second guess the landlord. He could change the term of the lease at any time or continue with a year to year lease. Number seven concerns the applicant being too close to law enforcement and they not being able to hold liquor licenses. Ms. Roach stated as far as she knows, the applicant is not with law enforcement. The various security companies are considered just that. If there is a problem in Beaver Creek for example, Beaver Creek Security must call the Sheriffs Office for assistance. She stated it is her understanding, from the landlord, that Fiesta's was interested in this particular space, but did nothing about it for three years. Thus the reason he leased it to Mr. Bukhari. That is not a reason for denial nor is competition. Ms. Roach stated all in all, she believes this applicant has the background to control his premises. However, he will be under the same rules and regulations as everyone holding a liquor license and will have to answer to the Local Authority for any violations. Staff recommended approval. Commissioner Stone moved to establish the neighborhood as the Edwards Community which includes, Riverwalk, Old Edwards Estates IV, River Front Subdivision and Edwards Village Subdivision for NASRO Corporation, d/b/a Dollar and Up Discount. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach stated the next order of business is to establish the needs of neighborhood. The applicant has submitted a petition consisting of 100 signatures. Out of those signatures, there are 5 from Avon, 1 from Vail, 1 from McCoy, 1 from Eagle-Vail and 1 from Eagle, leaving 91 signatures from Edwards. Commissioner Menconi moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony at the hearing. 20 May 6, 2003 Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach stated the application is in order and all fees have been paid. The applicant is reported to be of good moral character. Staff recommends approval. Ali Bukhari, applicant, was present for the hearing. He stated that they were trying to establish this store for the whole community. He stated that he has a post graduate degree in Food and Beverage and has worked in the Hyatt Regency in the Food and Beverage department. He also stated that he is familiar with the Colorado Liquor Code. He stated that he also has a security background that gives him additional experience with enforcement of the liquor laws. Commissioner Stone reviewed some requirements for liquor stores or 3.2 stores. He stated there are regular sting operations to determine that underage sales will not take place. He asked how the applicant would ensure proper training would occur for his staff. Mr. Bukhari stated that he is aware of the "tips" training courses that he and his wife and staff will attend. They also plan to have security cameras to discourage minors from trying to purchase alcohol. Chairman Gallagher asked ifMr. Bukhari believes he will have enough business. Mr. Bukhari stated he believes that his clientele will come to his store because of all of his products that are available. Commissioner Menconi moved to approve a new 3.2% Off Premise Beer License for NASRO Corporation, d/b/a Dollar and Up Discount. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Rancho Viejo Restaurante & Bar Chairman Gallagher asked Ms. Roach to remain present for him to relate several incidents related to the Rancho Viejo operation. He stated he has heard from the residents in the area that over service is apparent from that establishment. He stated they apparently close the doors at 10:00 p.m. but sometime later the parking lot is full and there is continued service of alcohol. He asked her to put her efforts and time into this establishment.. Ms. Roach stated there are some plans in place to deal with the problems during the next week. Resolution, National Nurses Week; 2003-052 Kathleen Forinash, Director of Health & Human Services, presented a Resolution designating May 6th through May 12th as National Nurses Week. She read the Resolution for the record as follows: "Whereas, Public Health Nurses have a long history of responding to emergencies and disasters and bring a broad range of knowledge and skills to emergency planning and response; and Whereas, the current national emphasis for these nursing skills and building partnerships with other community and emergency providers is critical to the safety of our communities; and Whereas, the Eagle County Board of Commissioners admires and respects the work of the Eagle County Public Health Nurses; 21 May 6, 2003 Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: That, the week of May 6th through May 12th is honored as National Nurses Week in Eagle County; and That, all members of the community are invited to share their appreciation with Public Health Nurses for their important health prevention and health promotion work within Eagle County. That, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Moved read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 6th day of May 2003. Commissioner Stone moved to approve Resolution 2003-052, designating the week of May 6 through May 12,2003 as National Nurses Week.. Commissioner Menconi seconded the motion. The vote was declared unanimous. Government Week Art Contest Awards Chairman Gallagher stated the next item is the Government Week Art Contest Awards for the winners of the contest. He asked the students to pass on the Board's gratitude for the Art Teacher's continued support of this program. He explained the judging process for the artwork. He stated this year was unique because there was a first place winner as well as two second place winners. Chase Ericson was recognized as the first place winner ofthe art contest by Chairman Gallagher. He presented a check for $125.00 to Mr. Ericson. Annie V ogal was presented as the co winner of the second place prize. She was presented with a check for $75.00. Lorie Sandoval was the other co winner of second place. He presented her with a check for $75.00. Pictures were taken and congratulations given to the students by the Commissioners. ZC-00054, SMA-00018, Bear Trail Estates Cliff Simonton presented file number ZC-00054 and SMA-00018, Bear Trail Estates. He stated the applicant is requesting this matter be tabled to June 3, 2003. He stated this matter has been tabled several times. Some items that are being worked on are taking longer than they thought. Tom Boni, Knight Planning, stated the one item that is taking longer is that the Colorado Geological Survey had requested to see the property without snow. That is what is taking so long. Commissioner Stone moved to table file numbers ZC-00054 and SMA-00018, Bear Trail Estates to June 3, 2003, at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. ZC-00062, SUS-00012, SUP-00007, New York Mountain Project Jena Skinner, Planner, presented file numbers ZC-00062, SDS-00012 and SUP-00007, New York Mountain Project. She stated Lot 10.2 of the New York Mountain Project was originally platted and re-zoned from Resource (minimum 35 acres) to Resource Limited (minimum 20 acres) as part of a cluster subdivision in 1985. David and Luann Benbow currently own Lot 10.2, and an adjacent, 38+ 22 May 6, 2003 acre, unplatted parcel, immediately to the west. The applicant wishes to obtain approval for a Subdivision Sketch and Preliminary Plan, as well as a Zone Change, to allow Lot 10.2 of the New York Mountain Project to incorporate an additional 3.346 acre portion ofland, which is currently part of the Benbow's unplatted, 38.64 acre parcel. If this proposal is approved, then the applicant will be able to file a Final Plat which will re- define Lot 10.2 as a 19.197 acre, Resource Limited, platted lot. The balance of the adjacent metes and bound parcel shall remain the unplatted, in excess of 53 acres and zoned Resource. The chronology ofthe application is as shown on staff report and as follows: 1985- Lot 10.2 project was originally platted and re-zoned as part of the New York Mountain Project, cluster subdivision. 2003- Application was made to allow 3+ acres of land to be incorporated into Lot 10.2. The Planning Commission had no issue with the proposed application. They unanimously recommended approval of this proposal. Referral responses are as follows and as shown on staff report: Referrals were sent to the following agencies, with no response received: Eagle County Attorney, Environmental Health, Assessors Colorado State Geological Survey and Forest Service Fire District Pilgrim Downs HOA Staff findings are as shown on staff report and as follows: FILE SUS-00012 AND SUP-00007 Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of both a Sketch Plan, and Preliminary Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Space! Development Affordable < I Transportation Community Qualitv Recreation Housina Services Conformance X X X X X X Rural and Countryside 1 Non Conformance Mixed Conformance Not Applicable 23 May 6, 2003 1The Future Land Use Map shows this property as both Rural and Countryside. Both classifications recommend that this property remain low density, with single-family uses. This application will maintain those uses and density recommendations. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X X X X X Non Conformance Mixed Conformance Not Applicable No new development above and beyond what is already allowed is proposed as part of this application. As such, the proposal is not inconsistent with any of the applicable master plans. [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. Article 4, Site Development Standards [ +] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and Illumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3) [ + ] Natural Resource Protection Standards (Division 4-4) [ +] Wildlife Protection (Section 4-410) B [ +] Geologic Hazards (Section 4-420) B [+] Wildfire Protection (Section 4-430) B [+] Wood Burning Controls (Section 4-440) [+] Ridgeline Protection (Section 4-450) [ +] Environmental Impact Report (Section 4-460) [ +] Commercial and Industrial Performance Standards (Division 4-5) [ +] Improvement Standards (Division 4-6) [ +] Roadway Standards (Section 4-620) [+] Sidewalk and Trail Standards (Section 4-630) [ +] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [ +] Utility and Lighting Standards (Section 4-670) [ +] Water Supply Standards (Section 4-680) 24 May 6, 2003 [+] Sanitary Sewage Disposal Standards (Section 4-690) [+] Impact Fees and Land Dedication Standards (Division 4-7) No Impact fees are associated with this proposal. Lot 10.2 already contains a single family home, allowed as a use by right. As such, this proposal does not contemplate further development on this property. Due to the lot's non-conforming size, any other uses would necessitate further review as part ofthe Special Use Permit process. This proposal will help to reduce the nonconformity of Lot 10.2. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Ea2le County Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This development has already been assessed for efficiency as part of the original approval for the New York Mountain Project; no new development is proposed as part of this project. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. No new development is proposed as part of this project. A single-family home currently exists on Lot 10.2, within an existing building envelope, as platted. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. No new development is proposed as part of this project. As such, the compatibility of the subdivision shall not change. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 25 May 6, 2003 File ZC-00062 Requirements for a Zone Cham!e. In Section 5-240.D., Standards. the Eagle County Land Use Regulations provide that "the wisdom of amending the Official Zone District Map or any other map incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by anyone factor. Based on the above analysis and other available information, Staff makes the following findings as provided in this Section of the Land Use Regulations: STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The subdivision shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). No new development is proposed as part of this application. As such, the proposal is not inconsistent with any of the applicable master plans. [+] FINDING: Consistency with the Master Plan. [Section 5-230.D.1] The proposed zone change designation IS consistent with the purposes, goals, policies and FLUM of the Eagle County Master Plan. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; Originally created as part of a cluster subdivision, Lot 10.2 of the New York Mountain Project was subdivided and re-zoned in 1985. The owners of Lot 10.2, also own a 38+ neighboring parcel to the west. They wish to remove 3+ acres from the 38+ acre, metes and bound parcel, and add it to the approximate 16 acre, platted, Lot 10.2. In order for the new Lot 10.2 to have a uniform, underlying zone district, it is necessary to change the zoning on the 3+ acres from Resource, to Resource Limited. This re-zoning would increase the conformity of Lot 10.2, as the minimum lot size of the RL zone district is 20 acres. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The development proposed for the subdivision IS considered compatible with the character of surrounding land uses. STANDARD: Changed conditions. [Section 5-230.D.3] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity; As no new development is proposed as part of this application, this finding does not apply. This zone change will not affect the uses, density and/or intensity of development on this lot. [+] FINDING: Changed conditions. [Section 5-230.D.3] There ARE NO changed conditions that require an amendment to modify the density and intensity, however, it is not necessary for the intent of this proposal. STANDARD: Effect on natural environment. [Section 5-230.DA] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands; As no new development is proposed as part of this application, this finding does not apply. [+] FINDING: Effect on natural environment. [Section 5-230.DA] The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment ST ANDARD: Community need. [Section 5-230.D.5] Whether and the extent to which the proposed amendment addresses a demonstrated community need; 26 May 6, 2003 This re-zoning will increase the conformity of Lot 10.2, as the minimum lot size of the RL zone district is 20 acres. Decreasing the occurrence of nonconforming lots is the goal of both the Eagle County Master Plan, and the Eagle County Land Use Regulations, therefore, may be considered a community need. [+] FINDING: Community need. [Section 5-230.D.5] The proposed amendment DOES address a community need. STANDARD: Development patterns. [Section 5-230.D.6] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services; As Lot 10.2 was rezoned in 1985, and the intent of this proposal is to add approximately 3 acres to the existing lot, development patterns will not be affected by this application. [+] FINDING: Development patterns. [Section 5-230.D.6] The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development is currently provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. It is in the best interest of the public to allow this zone change to occur, as the conformity of Lot 10.2 will increase; uses are allowed based on minimum lot sizes. As said previously, no new development or density will be a result of this application, and as such, will not be contrary to the public interest. [+] FINDING: Public interest. [Section 5-230.D.7] The extent to which the area to which the amendment would apply HAS changed and continues to change is such that it is in the public interest to encourage a new density in the area. Pursuant to Section 5-280.BA, Preliminary Plan for Subdivision, Staff finds this application in conformance with all required application contents, including, an adequate, Preliminary Plan Map. Ms. Skinner presented a power point presentation which summarized the request and showed the property using maps and photographs. Steve Wujek, Marcin Engineering, was present representing the applicants. Mr. Wujek stated that there would be no change in density or use requested. The three acres being added will be added to the open area of the lot. Chairman Gallagher asked the commissioners and the public for comment. There were no comments. He closed public comment. Commissioner Menconi moved the Board approve file No. SUS-00012, New York Mountain Project, incorporating all Staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved the Board approve file No. SUP-00007, New York Mountain Project, incorporating all Staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved the Board approve File No. ZC-00062, New York Mountain Project, incorporating all Staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 27 May 6, 2003 AFP-00151, Shepard Minor PUD J ena Skinner presented file number AFP-OO 151, Shepard Minor PUD. She stated the intent of this plat is to relocate the existing building envelope on Lot 3. The envelope will be moved to encompass the existing dwelling. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The following adjacent properties have been notified: Stag Gulch Partners, Shepard Homeowners Association, Bureau of Land Management. No letters of opposition have been received by the Community Development Department, from any of these owners, prior to the distribution of this Staff report. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT Apply Jeff Forbes, applicant, was present for the hearing. He stated he had no presentation but would be happy to answer any questions. Commissioner Stone moved the Board approve File No. AFP-00151, Shepard Minor PUD, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. 1041-0046, Cordillera Southern Parcel Cliff Simonton presented file number 1041-0046, Cordillera Southern Parcel. He stated this 1041 application is for the construction ofa 250,000 gallon above-ground water storage tank (it has been down-sized from the 400,000 gallons originally planned) that will serve the Southern Parcel and other existing development in the Cordillera PUD. No new development is proposed. The tank will replace six (6)12,000 gallon underground tanks, resulting in increased capacity and improved efficiency and fire protection for the Cordillera development. The six underground tanks and the wells that serve them will be disconnected and/or capped, but not removed. The new above-ground tank will be located on the ridge approximately 1400 feet south of the El Mirador development (Cordillera filing 32) and immediately west ofthe underground tanks it will replace. Instead of receiving and storing water from the Stag Gulch well field (an underground aquifer located on the southern end of the Southern Parcel), the new tank will be supplied with treated water from the Eagle River via water lines operated by the Eagle River Water and Sanitation District (ERWSD). The water tank and lines will be operated by the Squaw Creek Metropolitan District, which is a sub-district of the ERWSD. A new pumping station, and the replacement of 1450 feet ofPVC water lines that currently exist between the tank site and El Mirador, will be required. The replacement of water lines will occur within 28 May 6, 2003 an existing water line and access easement. The proposed pumping station will be installed in the road right of way owned by the Squaw Creek Metropolitan District within El Mirador Subdivision. Access to the completed tank facility will be via an existing service road that extends south from the end ofEl Mirador. Given the steep nature ofthe service road, some traffic and trucks will be routed through the Colorow Subdivision to the south while the tank is under construction. Referral responses are as follows and as shown on staff report: This 1041 proposal was referred to the following departments, agencies and homeowner's associations seeking review and comment: Eagle County Engineering Eagle County Attorney's Office Eagle County Environmental Health Eagle River Fire Protection District Eagle River Water and Sanitation Eagle County Planning Commission Colorado Geological Survey Colorado Division of Wildlife Cordillera Homeowners Pilgrim Downs Homeowners Lake Creek Meadows HOA Creamery Ranch Homeowners As of the writing of this report, the following agencies had responded: Eagle County Engineering: March 27,2003 Provided no comment Eagle River Water & Sanitation District, Engineering: (Linn Schorr, April 7, 2003) The Water Authority worked with the Applicant on the concept of this design, and generally supports the installation of the new tank. The existing 12,000 gallon tanks, the associated 6 inch and 4 inch PVC water lines and the Stag Gulch well field to the south shall not be reconnected to the Water Authority's system without written permission from the Authority. There are issues regarding the reliability and adequacy of Cordillera's water rights. The Authority's support of this application should in no way be construed as approval or acceptance of Cordillera's water rights in their current condition. Eagle River Water & Sanitation District, Administration: (Dennis Gelvin, April 8, 2003) The request (by the County) for an "ability to serve letter" does not appear relevant, as this new tank is not considered a system expansion, nor will it result in additional water use within the District. The Water Authority has no objection to the granting of this requested permit so long as the water tank meets the technical specifications of the authority. The Authority's lack of objection to this project should in no manner be construed as an acceptance by the Authority of the adequacy of the water augmentation supply of the Squaw Creek Metropolitan District. Colorado Geological Survey April 10, 2003 Detailed grading plans were not submitted. Lacking detailed grading plans and the evaluation of the same by the applicant's geotechnical engineer, it cannot be determined if geologic hazards have been adequately mitigated. 29 May 6, 2003 Detailed erosion and sediment control plans were not submitted with the application. Siltation is considered a natural hazard that must be addressed. Construction of long steep cuts and fills on highly erodible soil requires careful site planning and additional mitigation measures beyond standard best management practices. Lacking these plans, it cannot be determined if geologic hazards have been adequately mitigated. Second Letter of April 22, 2003 Construction should be monitored for slope stability. Rolled Erosion Control Products should be used on all cut and fill slopes, and in drainage swales where rip-rap is not scheduled, to reduce erosion and better insure successful reclamation. Erosion and sediment control plans should be revised to include specifications for Rolled Erosion Control Products and Turf Reinforcement Mats. Eagle County Planning Commission Verbal response at work session of April 16, 2003 Requested that erosion, sediment control and weed control plans be in place and determined adequate prior to construction. Requested that provisions be made to prevent soil erosion should water ever be released at the tank site. Noted a concern for water depletions in the Eagle River, and requested that water rights be carefully evaluated if the wells proposed to be capped in the Stag Gulch well field are ever re- activated. It was felt that the future use of these wells should result in a decease, by the same amount, of water drawn from the Eagle River. Pih!rim Downs Homeowners Association Jim Childers, Manager, April 8, 2003 Responded with concern for the possible obstruction of view corridors for residents of Pilgrim Downs and Lake Creek. Asked that height poles be placed on the circumference of the proposed tank so that impacts could be assessed. Second Letter dated April 22, 2003 Noted that earlier concerns had been adequately addressed, and that the residents of Pilgrim Downs were comfortable with the project. Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit Application Avvroval Criteria for Matters of State Interest, and as more specifically described in the application for the Cordillera Southern Parcel Water Tank, the following analysis is provided. Note: The Approval Criteria is numbered and indicated in bold. The Applicant's response to each criteria is summarized in standard text. Staffs comment and/or response is summarized in italicized text. The resultant recommendation is indicated in the findings box. 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. The proposed improvements will occur within existing easements and/or on property owed by the Applicant. The Eagle River Water and Sanitation District has worked with the Applicant on this project and supports the installation of the new tank (letter of 04/07/03). A building permit is required for any tank larger than 5000 gallons (see condition # 1). [+] FINDING: (1) Riflhts. Permits and Approvals The Applicant HAS obtained all necessary property rights, permits and approvals, with the exception of a building permit, which will be required prior to construction of the tank. 30 May 6, 2003 The project will not impair property rights held by others. The proposed improvements will occur on property owned by the Kensington Partners within easements dedicated to the Squaw Creek and Cordillera Metropolitan Districts for utilities and infrastructure. The consumptive use of water associated with the water tank will result in depletions in the Eagle River. However, available water rights and replacement sources exist as previously approved for the Southern Parcel of the Cordillera PUD. As a result, no injury to downstream water uses is anticipated. Reference letters of April 7 and April 8, 2003, the Eagle River Water and Sanitation District supports the installation of the new tank. No expansion of water use is contemplated as a result of the new tank and therefore no approval in terms of the Water Authority's ability to serve the site is required. Water rights for the Cordillera PUD and the Southern Parcel have previously been found to be adequate. The property rights of others should not be impacted by the installation and operation of the proposed above-ground tank. The project is consistent with relevant provisions of applicable land use and water quality plans. The purpose of the new tank is to provide increased storage and improved distribution and fire flow to existing Cordillera Filings. No new development is proposed, and as such those portions of the Eagle County Master Plan that address new development concerns would not be applicable. Portions of the tank will be visible from distant areas west and south of the project. The Applicant acknowledges the potential for visual impacts, and has submitted plans indicating berms and landscaping that would be installed to mitigate the same. The Water Supply Plan by Harvey W. Curtis and Associates (submitted with the application) indicates that an adequate water supply is available for the new tank within the existing approved augmentation plan for Cordillera. No new development is being proposed, and no conflict with applicable Master Plan or Land Use Regulation documents is anticipated. The new tank will be located within an area identified on the County's Ridge Line Protection map, however, a visit to the tank site confirmed that it is well screened by adjacent topography and vegetation, and that it will not be visible from any portion of the Interstate 70 corridor. The applicant proposes berming and landscaping to further mitigate any possible visual impact. It has previously been found through approval of the Cordillera PUD that adequate water supplies exist for the Cordillera Development. A building permit will be required, and best management practices consistent with the Regional 208 Water Quality Plan will be utilized during construction to reduce short and long term impacts from erosion. In their referral response of April] 0, 2003, the Colorado Geological Survey noted a lack of sufficient plans for grading and erosion control, and as a result was unable to determine whether related geologic hazards had been adequately mitigated. he Applicant responded by supplying CGS with the requested information. CGS has subsequently written a second letter, dated April 22, indicating acceptance of the plan with the condition that rolled erosion control products be used on all cut andfill slopes, and in drainage swales where rip-rap is not scheduled, to reduce erosion and better insure successful reclamation (see condition # ]) +] FINDING: (3) Consistencv with plans The project IS consistent with relevant provisions of applicable land use and water quality plans. 31 May 6, 2003 he applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. he proposed tank and associated improvements will be constructed and installed by qualified contractors hired by the Applicant. Funding for the proposed water system improvement will be provided through General Obligation Bonds issued by the Squaw Creek Metropolitan District. The repayment of the bonds will also be the responsibility of the District. he Squaw Creek Metropolitan District has more recently indicated that they will be able to finance the project through bond funds alreadv in place (phone conversation of April]], 2003). +] FINDING: (4) Expertise and financial capabilitv The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. The Project is technically and financially feasible. Water tanks of similar size are common to subdivisions throughout Colorado. Access suitable for the delivery of construction materials to the site is available. The Subsoil Study for Foundation Design by Hepworth-Pawlak Geotechnical indicated that development of the tank is feasible from the standpoint of geology and soils. Funding for the proposed water system improvement will be provide through General Obligation Bonds issued by the Squaw Creek Metropolitan District. The repayment of the bonds will also be the responsibility of the District. The Squaw Creek Metropolitan District has more recently indicated that they will be able to finance the project through bond funds alreadv in place (phone conversation of April]], 2003). [+] FINDING: (5) Feasibilitv The Project IS technically and financially feasible. The project is not subject to significant risk from natural hazard. The Subsoil Study for Foundation Design by Hepworth-Pawlak Geotechnical (February 17,2003, with follow-up letter of March 4,2003) indicated that development of the tank is feasible from the standpoint of geology and soils. In their referral response of April] 0, 2003, the Colorado Geological Survey noted a lack of sufficient plans for grading and erosion control, and as a result was unable to determine whether related geologic hazards had been adequately mitigated. The Applicant responded by supplying CGS with the requested information. CGS has subsequently written a second letter, dated April 22, indicating acceptance of the plan with the condition that rolled erosion control products be used on all cut and fill slopes, and in drainage swales where rip-rap is not scheduled, to reduce erosion and better insure successful reclamation (see condition # i). [+] FINDING: (6) Risk from Hazards The project IS NOT subject to significant risk from natural hazard. The project will not have a significant adverse effect on land use patterns. The tank is being built to increase capacity and improve fire flow. No new development is proposed, and as such no impact to existing land use patterns will result. The installation of a water tank to serve existing development should not "adversely effect land use patterns" as contemplated by this standard. [+] FINDING: (7) Land use Patterns The project WILL NOT have a significant adverse effect on land use patterns. 32 May 6, 2003 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. The installation of a water tank to serve existing development will actually improve the ability of local governments (special districts) to provide water services, and the applicant has indicated that related infrastructure will be designed to be fully compatible with existing service delivery systems. The Eagle River Water and Sanitation District has indicated their approval of the project, with conditions (letters of 04/0 7/03 and 04/08/03, see condition # 2). The Project will not create an undue financial burden on existing or future residents of the County. The proposed water system improvements will not create an undue financial burden on existing or future residents within the development area and source development area. Funding for the proposed water system improvement will be provided through General Obligation Bonds issued by the Squaw Creek Metropolitan District. The repayment of the bonds will also be the responsibility of the District. In a phone conversation on April 11, the Squaw Creek Metropolitan District indicated that they will be able to finance the project through bond funds already in place. The project will not significantly degrade any current or foreseeable future sector of the local economy. The installation of a water tank to better serve existing development should not "degrade any current or future sector of the local economy" as contemplated by this standard. The Project will not have a significant adverse effect on the quality of recreational opportunities and experience. The tank has been positioned in an isolated location near the existing underground tanks, and will be designed to have the least visual impact possible. Tree buffers will be planted on eight-foot high berms to screen the tank. Some short term impacts and nuisance factors will be encountered during the construction phase, with noise, dust and truck traffic being most noticeable. These impacts will cease once the tank is completed, and reclamation of disturbed areas will immediately follow construction. The tank may be visible from areas utilized by some valley residents for passive recreation (hiking, snowshoeing, etc.). The Applicant has acknowledged the potential for some visual impact, and has responded with detailed plans for the incorporation of berming and landscaping to screen the tankfrom adjacent areas (see attached berming and landscape plan). Staff would assert that seeing a water tank or some portion of a water tank from a distant vantage would no more significantly impact the quality of one's recreational experience than seeing the variety of residential developments and associated improvements that would likely be witnessed within in the same view-shed. Some short term impact may be experienced by hikers passing by in the immediate area while the tank is being constructed. [+] FINDING: (11) Protection of recreational opportunities The Project WILL NOT have a significant adverse effect on the quality of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. No new development is proposed. The Cordillera Water Conservation Plan, which limits 33 May 6, 2003 irrigation around homes, manages water use on golf courses, educates homeowners on the use of water saving devises and incorporates system wide metering and monitoring of water usage, will be adhered to as necessary. [+] FINDING: (12) Resource Conservation The planning, design and operation of the Project SHALL reflect principals of resource conservation, energy efficiency and recycling or reuse. The Project will not significantly degrade air quality. No new commercial or residential development is proposed, and no adverse air quality Impacts should result. Best management practices will be utilized to prevent air borne dust from dispersing into the atmosphere during the period of construction. The proposed project is not expected to cause an adverse long term effect on ambient air quality. Some short term impacts may result from the construction of the tank and replacement of water lines. [+] FINDING: (13) Air Oualitv The Project WILL NOT significantly degrade air quality. The Project will not significantly degrade existing visual quality. The tank has been positioned in an isolated location near the existing underground tanks, and will be designed to have the least visual impact possible. Tree buffers will be planted on eight-foot high berms to the east, south and west to screen the tank. Staff visited the site on April 9th, 2003, and determined that visual impacts will be negligible once the area disturbed by construction and berming has been stabilized with native landscape materials. The tank site is quite distant from any developed areas, and in fact can only be seen from the homes within Cordillera's Ranch development which lies 1.6 miles line-of sight to the west. Significant berming is proposed on the west side of the tank. No response was received from a referral sent to the Cordillera's Homeowners Association. Jim Childers, manager of the Pilgrim Downs Subdivision noted concerns for a possible visual intrusion of view corridors in his letter of April 8, 2003, and suggested that the plan not be approved until the impact of the tank from the Pilgrim Downs Subdivision could be determined. Mr. Childers was subsequently provided a tour of the tank site on April 9, and The Squaw Creek Metropolitan District also responded to Mr. Childers concerns by erecting height poles around the perimeter of the proposed tank site. A second letter dated April 22 indicates that Mr Childers' concerns have been addressed, that the residents of Pilgrim Downs support the project as planned. [+] FINDING: (14) VisualOualitv The Project WILL NOT significantly degrade existing visual quality. The Project will not significantly degrade surface water quality. During construction, possible short term increases in suspended sediment in squaw creek and the eagle River will be minimized through use of erosion control structures such as silt fences and straw bales. These construction practices, along with re-vegetation after construction, should minimize and filter runoff from construction sites. No ponds, lakes or streams exist in close proximity to the site. The tank will be located at the top of a ridge, and spring snow melt and runoff from summer storms will drain to the west through the Chaveno tract. While runoff from the site might eventually make it to the Squaw Creek drainage, it will have traveled a significant distance across undisturbed and well vegetated terrain before doing so. 34 May 6, 2003 The Project will not significantly degrade ground water quality. Project involves the installation of an above ground tank at the top of a ridge, and no activities or materials that might result in the degradation of ground water are anticipated. The existing Stag Gulch well field will no longer be used, and as such depletions from the aquifer that lies beneath the Southern Parcel will be eliminated. [+] FINDING: (16) Ground Water Oualitv The Project WILL NOT significantly degrade ground water quality. The Project will not significantly degrade wetlands and riparian areas. No wetlands or riparian areas have been identified within the area proposed for construction. An updated Ecological Assessment of the Southern Parcel has been completed by Western Ecological Resource, and Western Ecosystems, Inc. has updated a Wildlife and Habitat Analysis for the area. These reports state that with mitigation measures proposed, there will be no ecological or wildlife threats due to the proposed water tank. [+] FINDING: (17) Wetlands and Riparian Areas The Project WILL NOT significantly degrade wetlands and riparian areas. The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. There is no threatened or endangered wildlife on the Southern Parcel. Wetlands and Harrington Penstemon are not present near the location proposed for construction. An updated Ecological Assessment of the Southern Parcel has been completed by Western Ecological Resource, and Western Ecosystems, Inc. has updated a Wildlife and Habitat Analysis for the area. These reports state that with mitigation measures proposed, there will be no ecological or wildlife threats due to the proposed water tank. Lacking a response from the Colorado Division of Wildlife, no impacts to terrestrial or aquatic wildlife are anticipated. Wildlife impacts in this area were considered and deemed sufficiently mitigated during the approval process for the Cordillera PUD, Southern Parcel. No new development is proposed, and once the new tank is constructed, the level of service activity in the affected area should be no different from that presently required for the underground tanks. [+] FINDING: (18) Terrestrial or Aquatic Animal life The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. The Project will not significantly deteriorate terrestrial plant life or plant habitat. An updated Ecological Assessment of the Southern Parcel has been completed by Western Ecological Resource. Wetlands and Harrington Penstemon are not present near the location proposed for construction, and no endangered species have been identified. The area of disturbance will be quite small in comparison to the adjacent undisturbed open space area. [+] FINDING: (19) Terrestrial Plant Life The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. The Project will not significantly deteriorate soils and geologic conditions. The Subsoil Study for Foundation Design by Hepworth-Pawlak Geotechnical (February 17,2003, with follow-up letter of March 4,2003) indicated that no severe geologic conditions were identified that would make development of the tank infeasible from the standpoint of geology and soils. In their referral response of April] 0, 2003, the Colorado Geological Survey noted the presence of highly erodible soils and a lack of sufficient plans for grading and erosion control. 35 May 6, 2003 As a result, CGS was unable to determine whether related geologic hazards had been adequately mitigated. The Applicant responded by supplying CGS with the requested information. CGS has subsequently written a second letter, dated April 22, indicating acceptance of the plan with the condition that rolled erosion control products be used on all cut and fill slopes, and in drainage swales where rip-rap is not scheduled, to reduce erosion and better insure successful reclamation (see condition # 1) [+] FINDING: (20) Soils and Geolo1!ic Conditions The Project WILL NOT significantly deteriorate soils and geologic conditions. The project will not create a nuisance. Some short term impacts and nuisance factors will be encountered during the construction phase, with noise, dust and truck traffic being most noticeable. These impacts will cease once the tank is completed, and reclamation of disturbed areas will immediately follow construction. The project will not significantly degrade areas of paleontological, historic or archaeological importance. A Cultural Resource Survey of the Cordillera Planned Unit Development prepared by Metcalf Archaeological Consultants, Inc. addresses impacts on unique areas of geologic, historic or archaeological importance in the Cordillera Subdivision. One potential historic resource site was identified in the southern region of the Southern Parcel. The area of the proposed tank is not located in this region and therefore no adverse impact is expected. [+] FINDING: (22) Paleontolo1!ical. Historic or ArchaeoloJ!ical areas The project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. The Project will not result in unreasonable risk of releases of hazardous materials. Some chlorinated water will likely be released to the surrounding area during the testing phase of the tank and associated lines. As releases of chlorinated water are common in the maintenance of any domestic water system, it is assumed that any related hazards would be either insignificant or sufficiently mitigated through standard operating procedures of the service entity involved. [+] FINDING: (23) Hazardous Materials The project WILL NOT result in unreasonable risk of releases of hazardous materials. 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. The proposed above-ground tank will be located near the existing underground tanks, and will require an additional area of easement approximately 115' X 185' in size, which will extend to the west from the existing easement. The entire area of easement comprises less than 1 % of the total land area of the Southern Parcel, and will not render any loss to natural resources or agricultural lands. The 448 acres of the Southern Parcel will remain primarily open space. The proposed improvements will provide the residents of Cordillera with the benefits of additional water storage for higher efficiency and greatly improved fire protection. [+] FINDING: (24) Benefits OutweiJ!h Losses The benefits accruing to the County and its citizens from the project DO outweigh the losses of any natural, agricultural, recreational, 36 May 6, 2003 grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Proiects. and as more specifically described in the application for the Cordillera Southern Parcel Water Tank, the following additional analysis is provided. The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. No new development is proposed. The Cordillera Water Conservation Plan, which limits irrigation around homes, manages water use on golf courses, educates homeowners on the use of water saving devises and incorporates system wide metering and monitoring of water usage, will be adhered to as necessary. [+] FINDING: (1) Efficient Use The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The Project shall not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The proposed above-ground tank will replace existing underground tanks, which will no longer be used. The project has been designed to increase storage and improve efficiency and fire flow to existing Cordillera developments. No other water systems will serve the affected area. [+] FINDING: (2) Excess Capacitv/Duplicate Services The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate servIces. The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The existing water system utilizes well water stored in six 12,000 gallon under-ground tanks. This system provides less than sufficient storage of water for the purpose of efficiency and fire flow in the El Mirador Subdivision. The new tank will remedy this, and will now be directly connected to the overall water system for Cordillera. As such, the entire Cordillera development will benefit. 835 of the 910 units approved for the Cordillera PUD (approximately 92%) have been platted to date. [+] FINDING: (3) Necessitv The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. 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 No new development is proposed, and plans are in place to promptly re-vegetate and reclaim areas disturbed during construction of the tank and installation of the water lines. The installation of a water tank and water lines on an isolated ridge top should not result in the pollution of any aquifer recharge areas. [+] FINDING: (4) Protection of Aquifer RecharJle Areas 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. In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision of the Eagle County Land Use Regulations, "the Special Review Use Permit application for water and sewer 37 May 6, 2003 proj ects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.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 County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver ofthe Special Use Permit requirements, as such application would serve no further legitimate planning, zoning or other land use objective. Bruce Mielke, Squaw Creek Metropolitan District, and Chris Williams were present representing the applicants. Mr. Simonton used a power point presentation to exhibit the location of the proposed water tank. He stated that the tank would not be visible from anywhere along the 1-70 corridor. He stated that the existing underground tanks would be abandoned. He described the proposed tank site and the landscape berms that would be built to screen the tank from Cordillera Ranch. Mr. Mielke stated that he did not have a presentation but would be willing to answer any questions. Chairman Gallagher asked about the ability of the applicant to reduce the capacity of the tank. Mr. Mielke explained that the engineers identified other areas where future storage would be required, and that a 250,000 gallon capacity was sufficient for this tank at this time. Chairman Gallagher asked some additional questions about whether the tank would serve as the sole source of water for some Cordillera residents. He wondered if the tank meets the fire protection requirements. Mr. Mielke stated that the tank does meet these requirements. Chairman Gallagher also asked about a section of the summary provided. Mr. Mielke stated the wells will stay in production, but at some point in the future they will be assigned to lots on the southern portion of the parcel. Chairman Gallagher asked if the wells could fill the tank. Mr. Mielke stated that Eagle River Water and Sanitation would not approve of that scenano. Commissioner Stone asked about the history of this request. He wondered if a prior 1041 approval had been given with the understanding that the water source was the wells. He stated that it seemed as if this request was contradictory to the original approval. Mr. Mielke stated the wells were the original water source for Cordillera Southern parcel. Commissioner Stone asked if it was a new or a historical water right. Mr. Mielke stated it is a water right that existed when Cordillera contracted with the Edwards Metropolitan District. Chairman Gallagher suggested there are two separate issues. One is the location of the tank and the other is the actual water source for the tank. Mr. Mielke stated the wells were always intended to serve the Divide Development, where the Lodge and Spa are now. They also were intended to serve the Southern Parcel. The wells will be serving what they were originally intended to serve. 38 May 6, 2003 Chairman Gallagher asked Ms. Mauriello whether it would be reasonable to request Cordillera to provide information about the steps that have been taken related to this project. Mr. Mielke stated that a major review of the Cordillera water plan is in progress with the water authority. He clarified that a letter existed from Dennis Gelvin stating that this was not a new use. Chairman Gallagher asked for a five minute break so that Ray Merry, Environmental Health Officer, could be contacted and asked to attend this meeting. Mr. Merry arrived and asked the applicant whether the wells and tanks served only E1 Mirador. Mr. Mielke stated that filing 32 has 12 lots. Mr. Merry stated that this might be the answer to what happened to the original 1041. He stated that in an original 1 041 permit it is most likely that the existing tanks and wells may have been contemplated to be associated with the Lodge area and the Divide Parcel. He stated he is not sure about the original 1041 permit. He said he would have to do some research on the file. Commissioner Stone was concerned about mixing and matching various 1041 permits. Mr. Merry stated he believed it was more like a re-plumbing of the 1041 permit. Commissioner Stone asked about the future intent for the use of the wells. Mr. Mielke stated they would serve future development on the southern end of the parcel when the developer chooses to develop that area. Chairman Gallagher asked for clarification about the water quality from the wells. Mr. Mielke stated that the water is safe but contains too many minerals for ERWS to approve it according to their standards. Mr. Merry stated this represents an extension of an existing system which should not affect water rights. Commissioner Stone read some statements from Dennis Gelvin ofERWS. The letter stated that this tank would be an extension and not a new use. Mr. Merry stated the proper bookends be put on this approval which would require the applicant to come back to the County in the event the intent changes in the future related to the existing wells. Mr. Merry stated this situation could be considered a new 1041 application. Mr. Simonton stated that there are two existing platted yet undeveloped lots that might desire access to the wells. Mr. Mielke stated he believed the developer wants to serve these future developments with the wells. Mr. Merry stated that any future development over 10 units would require a 1041 approval process. Mr. Merry suggested adding "and Eagle County" throughout the approval. Commissioner Stone asked for an addition of paragraph five - "any use of any portion of the existing Southern Parcel water system more specifically defined as the Stag Gulch Well Field, Underground Storage Tanks or rejoining PCV water lines must be evaluated and approved by Eagle county via the 1041 process and obtain necessary approvals." Ms. Mauriello suggested the language in the additional paragraph include "any use of any portion of the existing Southern Parcel Water System, more specifically defined as the Stag Gulch Well Field, underground storage stand and the adjoining pvc lines, be evaluated by Eagle County through its 1041 process and obtain necessary approvals." 39 May 6, 2003 Mr. Mielke requested a copy of the proposed motion. Commissioner Stone moved the Permit Authority approve File No. 1041-0046, Cordillera Southern Parcel, waiving the requirement for Special Use Review and incorporating Staffs findings, with the following conditions: 1. That as referenced in the letter from the Colorado Geological Survey dated April 22, 2003, Rolled Erosion Control Products and/or Turf Reinforcement Mats be used on all cut and fill slopes, and in drainage swales where rip-rap is not scheduled, to reduce post-construction erosion and better insure successful reclamation. 2. That a building permit be obtained from the Eagle County Department of Community Development for the construction of the tank, and that specifications for Rolled Erosion Control Products and Turf Reinforcement Mats Erosion be included in related sediment control plans, as suggested by the Colorado Geological Survey in their letter of Apri122, 2003. 3. That as referenced in the referral response of April 7, 2003, no portion of the existing Southern Parcel water system, more specifically defined as the Stag Gulch well field, the underground storage tanks, and the adjoining PVC water lines, be connected to the proposed tank and water system without written authorization from Eagle River Water and Sanitation District 4. Any use of any portion of the existing Southern Parcel Water System, more specifically defined as the Stag Gulch Well Field, the underground storage tanks and the adjoining pvc lines, be evaluated by Eagle County through its 1041 process and shall obtain all necessary approvals." 5. That except as otherwise modified by the Permit, all material representations ofthe applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Commissioner Menconi seconded the motion. The vote was declared unanimous. LUR-0038, LUR-0039, LUR-0040, LUR-0041, Housing Regulations Rebecca Leonard, Senior Planner, presented file numbers LUR-0038, LUR-0039, LUR-0040 and LUR-0041, Housing Regulations. Keith Montag, Director of Community Development, stated the files need to go back to the Planning Commission for their review and recommendations based on the significant changes that have been made related to these regulations. Commissioner Menconi stated he understands the procedures, but at the last meeting related to this matter it was stated that a work session would be scheduled. He is concerned because he had not seen this work session. He was not clear if the document that goes back to the Planning Commission includes comments and opinions from the Commissioners. He wondered how his opinions might get back to the Planning Commission. He wondered if it would be better to state on the record that he is opposed to the changes that have been made. Chairman Gallagher stated that it would probably be best for the Planning Commission to read the minutes related to how the re-write was written. Brian Treu, Assistant County Attorney, stated the minutes are generally made available to the Planning Commission. Commissioner Menconi stated the work session on incentives had not taken place. Commissioner Stone clarified it wasn't necessary to include the incentives as part ofthe Land Use Regulations, but they remain as part of the housing guidelines. 40 May 6, 2003 Chairman Gallagher stated that he still wants to have a discussion about incentives. Commissioner Menconi stated the Board has been working on this for over two years and the Planning Commission members have changed. He said he wanted it noted clearly that he is in opposition to the recommendations that will before them with relation to the percentages and that he has been in favor of the recommendations that have come before him from the Planning Commission. Commissioner Stone moved the Board remand the proposed Housing Regulations back to the Planning Commission. Commissioner Menconi seconded the motion. The vote was declared unanimous. SUP-00006, Vagneur Subdivision Cliff Simonton presented file number SUP-00006, Vagneur Subdivision. He stated the topics discussed by the Roaring Fork Valley Regional Planning Commission at their regularly scheduled meetings of April 3 and April 17, 2003, include the following: The impact of the proposed stormwater retention feature on the viability of Lot E. The impact ofthe proposed stormwater retention feature on the visual aesthetics of the project. The long-term maintenance ofthe proposed stormwater control facilities. The Applicant subsequently revised the stormwater control plan and the site plan (please see attached) The revised stormwater control plan, and the requirement that the retention capacity ofthe revised system match that of the original plan. How the proposed lots would be accessed, and the resulting front yard setbacks. The appropriateness of providing space for emergency vehicles to turn around as an easement on private property. The need (or not) for a pedestrian easement to accommodate a future sidewalk along the eastern side of property. The use of non-potable water for irrigation on the site. The need for a fencing standard to maintain an "open" feel to the project and prevent high privacy fences adjacent to Willits Lane. At the close of deliberation, the Planning Commission acknowledged Staff s findings and conditions, and recommended approval of the project with some modification of existing conditions and with five additional conditions. Those additional conditions are indicated in grey scale at the end of this report. The Applicant/owner is proposing a subdivision that would create five (5) lots on a 1.0 acre parcel located adjacent to Willits Lane approximately 0.16 miles south of its intersection with State Highway 82 on the north edge ofthe Town of Basalt. The proposed lots will range in size from 8,504 sq ft to 9,021 sq ft., and the largest of the five will accommodate an existing single family home. Access will be via a new paved roadway built on the alignment of an existing driveway located on a narrow eastern extension of Parcel D of the Glassier Acres Subdivision. This new access is proposed to be named Glassier Lane, and the use of this narrow extension has been approved by the owners of Parcel D. The extension is less than 50 feet wide, and as such the Applicant requested and obtained a variance from roadway standards (file VIS-0016, approved August 6, 2002) for the access road. A driveway internal to the new subdivision will be required to access two of the new lots to the north, and an additional easement is proposed at the west end of Glassier Lane for an emergency vehicle turnaround. Water and sewer service is proposed via extension of Mid Valley Metropolitan District lines into the property. The present home utilizes a domestic well, which the applicant desires to keep in service for irrigation water. 41 May 6, 2003 The mature landscape materials that currently exists on the site will be retained to the greatest degree possible. No new landscaping is proposed as a part of this application. The chronology of the application is as follows and as shown on staffreport: December 18, 2000 - Subdivision Sketch Plan for the Vagneur Subdivision (SDS-00008) and the accompanying Zone Change (ZC-00043) was approved by the Board of County Commissioners. August 6, 2002 - Variance from Improvement Standards (VIS-0016) was granted that allowed a narrower ROW width on the proposed access road, a vertical curb and gutter on the south edge of the access road and a curb-and-gutter-attached four foot wide sidewalk on the north edge. Referral responses are as shown on staff report and as follows: Eagle County Engineer (03/10/03) Provided comments regarding responsibilities for the long term maintenance of the access road. Requested a final version of the drainage report, signed and stamped by a professional engineer, at application for Final Plat Approval. Requested a road intersection analysis for the proposed access road, to include information on site distances. Eagle County Environmental Health (03/11/03) Solid fuel burning devises and wood stoves should be prohibited. A maintenance plan for the storm water control system is required. A dust control plan is required. Landscaping should incorporate modern xeriscape techniques. Colorado Division of Water Resources (03/06/03) No water use estimates are provided. A subdivision Water Supply Report has not been filed by the water district regarding the amount of water which can be supplied without causing injury to existing water rights. Northwest Colorado Council of Governments (03/12/03) Proposal should not create any measurable water quality problems. The approach for handling storm water is innovative, but should work. Drop inlet protection (silt fences, strawbales) should be implemented during construction to prevent the storm water drywell from being impacted by sediment. Colorado Geological Survey (03/11/03) Noted that the land proposed for subdivision is not outside the area underlain by Eagle Valley Evaporite. Sinkholes are possible and do occur in the area, however, CGS is unaware of any in the immediate vicinity. While the risk of structure damage is small, site specific geotecnical investigations are recommended for each new residence. Town of Basalt (03/12/03) Proposed subdivision is within the Town of Basalt's Urban Growth Boundary Pursuant to the Willits Lane IGA (04/04/94) road impact fees totaling not less that $1000 per dwelling unit shall be required. The depth and slopes of the storm water detention area on Lot E may be incompatible with residential (yard) uses. The proposed sidewalk should be extended along the west side of Willits Lane and a pedestrian cross walk considered for the intersection of Willits Lane and Harris street. Improvements within the Town ROW will require approval by the Town Public Works Department. A street cut and access permit will be required from the Town Public Works Department. Basalt Rural Fire Protection (phone call, 03/12/03) Have reviewed the plans, and have no problems with proposed improvements as shown. 42 May 6, 2003 Additional Referral Af!encies, not responding: Eagle County Sheriff, Eagle County Attorney; Eagle County Assessor, Colorado Division of Wildlife; Colorado State Forest Service; Roaring Fork School District; Roaring Fork Transit Authority; Mid Valley Metro; US West/PTI; Public Service; Holy Cross Electric; Sopris Village Home Owners Association Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e., Standards for the review of a Preliminarv Plan for Subdivision: STANDARD (1): Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. The consideration of relevant Master Plans during Sketch Plan review is of a broad conceptual nature, i.e, how a proposal meets the basic planning principles defined by the plan. The conformance of a much more detailed Preliminary Plan to those same Master Plans mayor may not remain static. THE MASTER PLAN ANALYSES THAT FOLLOWS CONSIDERS THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Spacel Development Affordable Transportation FLU;j1 Quality Recreation Housing Conformance X X X X Non Conformance Mixed Conformance Not X X X Applicable FLUM - the future land use map designates this area as part of the "Community Center" for E1 Jebel. This designation provides for mixed residential and commercial activity land use. RSM zoning "fits". Densities of 3 to 12 dwelling units per acre are contemplated. Land Use Open Space Unique Chelf. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X Non Conformance Mixed X Conformance Not X X X Applicable EAGLE COUNTY OPEN SPACE PLAN Wildlife - The area is shown on County Master Plan Maps as elk severe winter range. This is essentially an infill project, however, surrounded for the most part by existing residential and proposed commercial improvements. Given the level of development and subsequent increase in "urban" activity, its use as a viable winter range is questionable. The DOW did not respond to 43 May 6, 2003 referral request. MID VALLEY COMMUNITY PLAN Conformance x x x x Housing Transportation Community Open Spacel EI Jebell Lower Facilities Environment Basalt Frying Pan Non Conformance Mixed Conformance Not Applicable x x x x The EI Jebel/Basalt Area accommodates gross densities of 4 to 8 dwelling units per acre within areas designated as "Community Center". The plan currently proposed is essentially unchanged from the plan submitted for Sketch Plan Approval. At that time, the plan was found to be consistent with applicable Master Plans. [+] FINDING: Consistency with Master Plan. [Section 5-280.B.3.e (1)] The proposed subdivision is presently consistent with all relevant guiding policies of applicable Master Plans. STANDARD (2): Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Develooment Standards. Article 3, Zone Districts [ +] The uses and dimensional standards proposed by this plan are in conformance with standards for the existing zone designation of Residential Suburban Medium Density (RSM). Article 4, Site Development Standards [ +] Off-Street Parking and Loading Standards (Division 4-1) Condition # 1 of the resolution approving the Sketch Plan for the Vagneur Subdivision required a site plan "demonstrating the spatial feasibility of a five (5) lot subdivision on the one acre parcel, with necessary access and utilities depicted" be submitted at application for Preliminary Plan. Standards for off-street parking and loading provide an opportunity to evaluate the "physical space" on a given lot, and as such a conversation regarding the current plan's conformance to this condition is offered here. The applicant has stated that room exists for three (3) 20' x 10' parking spaces on each lot. This appears possible, however, Staff would note that the combination of the pedestrian easement, a drainage easement and lot line setbacks on Lot E results in a rather restricted development area. The drainage easement in the southeast corner of the Lot E will contain the subdivision's storm water detention pond, a five foot deep depression with sloping sides capable of retaining 2000 cubic feet of water. In their referral response of 03/12/03, the Town of Basalt notes that this pond "may be incompatible with residential uses and yard areas". Staffis similarly concerned, noting that while it would seem "feasible" to develop a single family home with parking on this lot, any associated "yard area" should be isolated from the pond feature for safety reasons. With the exception of zoning requirements for minimum lot sizes, Eagle County Land Use Regulations provide no standard for the "spatial feasibility" of a single lot. As such, any definitive evaluation by Staff would be speculative in nature. The degree to which the proposed subdivision conforms to the condition set at Sketch Plan for "spatial feasibility" is therefore left to the discretion 44 May 6, 2003 of the Board. The Applicant responded to the planning commissions concerns for the "crowded" nature of Lot E by revising the means by which storm water runoff would be handled within the development, and has submitted a revised site plan indicating the same (please see attached). Regarding on-site parking, Staff is concerned that the access and emergency vehicle turn around proposed for the west end of the access road will be located on private property, and may be used for residential parking for Lots A and C. This would obviously compromise its function. It is recommended that specific language prohibiting the use of this area for parking should be included in the proposed Home Owner's Association covenants (condition # 6). [+] Landscaping and Illumination Standards (Division 4-2) It is proposed that the mature landscape adjacent to the existing home will be retained to the degree that it does not interfere with the construction of planned roads and utilities. A landscape plan has been submitted, and considerations for landscaping and illumination have been adequately addressed. Eagle County encourages the use of xeriscape design principles and drought-resistant plants (Environmental Health, 03/11/03). Per applicable regulations, a detailed landscape plan will be required at application for Final Plat. [+] Sign Regulations (Division 4-3). No signs other than those associated with the addressing of homes are contemplated by this plan. Owners of property within this subdivision will be required to conform to the provisions of this Division. [+] Natural Resource Protection Standards (Division 4-4) [ +] Wildlife Protection (Section 4-410) - Based on information provided by the applicant, and lacking a response from DOW, there appear to be no conflicts with wildlife or wildlife habitat. This is consistent with the finding made at Sketch Plan approval. [+] Geologic Hazards (Section 4-420) - The Colorado Geological Survey noted a possible hazard to structures from ground subsidence due to soluble soils, and recommended site specific geotechnical studies be performed for each residence (letter of 03/11/03) (condition # 5). [+] Wildfire Protection (Section 4-430) - at Sketch Plan, the Colorado State Forest Service (CSFS) provided a hazard rating of Moderate for the site (letter of 11/08/00). Applicable County regulations for the development of defensible space and use of appropriate construction standards will be enforced at application for a building permit. [+] Wood Burning Controls (Section 4-440) - Existing Eagle County wood burning controls for any new wood burning devises will be enforced. [n/a] Ridgeline Protection (Section 4-450) - The proposed development is not in an area designated on the Ridgeline Protection Map. [ +] Environmental Impact Report (Section 4-460) - An Environmental Impact Report (EIR) was submitted with the application and is deemed to be sufficient. Eagle County Environmental Heath (03/11/03) has suggested that wood burning devises not be allowed in the new subdivision, that a maintenance program be developed for the on-site storm water detention pond, and that a plan for dust suppression during construction be submitted. NWCCOG listed a similar concern for the protection of the storm water detention pond from siltation during initial construction (03/12/03). Staff would note that the Grading and Drainage Plan submitted (sheet 5 of 12) contains a variety of plat notes regarding the maintenance and protection of drainage facilities. No significant impacts to the environment have otherwise been identified at this time. [n/a] Commercial and Industrial Performance Standards (Division 4-5) Standards in this section do not apply. [ +] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) - As noted earlier, a variance from roadway 45 May 6, 2003 standards for the driveway was granted August 6, 2002 (VIS-0016) The County Engineer has reviewed and conditionally approved the preliminary plan documents as submitted. Reference the referral response from the Town of Basalt (03/12/03), a Street Cut - Access Permit from the Town Public Works Department will be required for construction ofthe new access.\ [+/-] Sidewalk and Trail Standards (Section 4-630) - One internal sidewalk, four feet wide and parallel to the north side of Glassier Lane, is contemplated for the proposed subdivision. Its direct connection to the mountable curb and gutter (no snow storage strip between) was approved through file VIS-0016. In their referral response of 03/12/03, the Town of Basalt indicated that the proposed sidewalk should be extended along the west side of Willits Lane and that a pedestrian crosswalk should be considered at the intersection of Willits Lane and Harris Street (future entrance to the Willits Town Center development). Condition # 3 of the resolution approving the Sketch Plan for the Vagneur Subdivision requires a four foot wide pedestrian easement be established on this property where it borders Willits Lane. This easement is not shown on the preliminary plat submitted (condition # 8). A future secondary trail is proposed by the Eagle County Trails Plan for the Willits Lane right of way. It is unlikely that the future installation of this trail would be compromised by the approval of this subdivision. [ +] Irrigation System Standards (Section 4-640) - The applicant has asserted that water from the existing well will be used to irrigate the site, and has included a plat note on the preliminary plat to this effect. Eagle County Environmental Health provided no specific comment, other than to encourage the use of xeriscape landscape principles. The Colorado Department of Water Resources was also silent on this issue. The Town of Basalt supports the concept. The applicant has since determined it best to serve irrigation needs on the site through use of water owned in the nearby Harris and Reed ditch (Condition # 15) [+] Drainage Standards (Section 4-650) - the Eagle County Engineer has requested that a final version ofthe drainage report, signed by a registered professional engineer, be submitted at application for Final Plat (condition # 1). [ +] Grading and Erosion Control Standards (Section 4-660) - Relevant information has been provided, and has been deemed sufficient by Eagle County Engineering. NWCCOG and Eagle County Environmental Health have requested a maintenance program for the storm water detention pond to maintain its proper function and protect the facility from siltation. Staff would note that the Grading and Drainage Plan submitted (sheet 5 of 12) contains a variety of plat notes regarding the maintenance and protection of drainage facilities (condition # 7) [+] Utility and Lighting Standards (Section 4-670) - Standards for utilities and lighting have been deemed sufficient. Street lights are not proposed by this plan. [+/-] Water Supply Standards (Section 4-680) - Potable water is proposed to be provided by Mid Valley Metropolitan District. In a letter dated 12/18/02, the District has stated that they have the capacity to serve, but listed 4 conditions that would have to be met. Those conditions include 1) acceptance of the property into the District; 2) a water rights dedication requirement; 3) the payment of tap fees prior to building permit, and 4) the requirement for a Pre-inclusion agreement and a Line Extension Agreement at the time of final plat. On March 18,2003, the Applicant submitted a copy of an executed Pre-Inclusion Agreement for water and sewer service for the property (please see attached). Evidence that all conditions established by this agreement have been met will be required at application for Final Plat approval (condition # 3). In addition, the State Engineer has requested a Subdivision Water Supply Report, created by or on behalf of the Mid Valley Metropolitan District, be submitted to the State for evaluation. It is expected that the Applicant will make reasonable effort to see that the requested materials and/or 46 May 6, 2003 reports are delivered, and will include relevant material in the application for Final Plat (condition 4). [ +/ -] Sanitary Sewage Disposal Standards (Section 4-690) - Again, the Mid Valley Metropolitan has conditionally agreed to provide sewer service to all five lots through the extension of existing domestic lines (see discussion above under Water Supply Standards). [+] Impact Fees and Land Dedication Standards (Division 4-7) Pursuant to an Inter-governmental Agreement between the Town of Basalt and Eagle County (County Attorney file # 89-119, executed 04/04/94, please see attached), Road Impact Fees of not less than $1000 per residence will be collected at the time of application for building permits on the proposed lots, and will be placed in a Off-site Road Improvement Fund (ORIP) for Willits Lane, to be dispersed at the direction ofthe Town of Basalt. No response was received from the local school district. However, pursuant to Section 4-700, cash-in-lieu of school land dedication will be required at application for Final Plat, and has been determined as follows: Four (4) new dwelling units x 0.0151 = .0604 acres dedication requirement .0604 acres x $ 13,300/acre (for the Basalt area) = $803.32 (condition # 9) [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] With the recommended conditions, the proposed Subdivision does comply with all of the standards of this section and all other provisions ofthese Land Use regulations, including but not limited to the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The Proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Ea2le County Road Capital Improvements Plan. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. The spatial patterns proposed by this development should not cause the kind of inefficiencies contemplated by this standard. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. Topography of the site is relatively flat and free of hazards, although CGS has noted a chance for damage to structures from ground subsidence. The Applicant has included a plat note on the preliminary plat that requires site specific engineering prior to foundation construction for any new structure. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements 47 May 6, 2003 to the area. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The plan currently proposed is essentially unchanged from the plan submitted for Sketch Plan Approval. At that time, the plan was found to be compatible with the existing land use in the surrounding area. It appears unlikely that the future development of the surrounding area would be adversely affected by the subdivision and development of this land. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision is compatible with the character of existing land uses in the area and will not adversely affect the future development ofthe surrounding area. Tony Vagneur, applicant, and Davis Spar, Western States Consulting, were present for the hearing. Mr. Simonton presented various maps and photographs to clarify the location of the proposed subdivision using a power point presentation. He also presented some background ofthis request. He also showed a GIS parcel overlay. He showed the original plan and the revised plan based on Planning Commission concerns. The revised plan met with the Planning Commissions approval. He reviewed some of the conditions for approval ofthis project. David Spare stated they did not have a specific presentation but offered to answer questions. He stated that he would like to go through the conditions. With regards to condition one they didn't have a problem. The same is true of condition number 2. He wondered if the County wanted to take over maintenance of Glazier Lane. Mr. Simonton stated the County Road and Bridge Department had not had a chance to comment on this request. Chairman Gallagher stated he felt it was really a driveway and he didn't see any reason the County would want to take on the responsibility of maintaining it. Mr. Spare stated the roadway would be asphalt and it would meet County standards for road construction. He stated in previous discussions the County had expressed favor with taking over the road. Commissioner Stone suggested the County maintain the right of way and the developer take care of the maintenance. Chairman Gallagher asked about what type of legal easement the developer is requiring. Mr. Spare stated proposed condition number 3 was no longer applicable. He reviewed the remaining conditions and commented on each. All of the conditions were acceptable except number 16. Ifthis land had to be dedicated as part of the public right of way they would lose one ofthe lots. Chairman Gallagher stated he agreed with the applicant that number 16 was a difficult condition. Commissioner Stone agreed. He suggested a similar situation as the one that is current in Blue Lake. He also asked for some type of easement that could be vacated in the future in the event there is additional development. He clarified that the applicant would have to come back to the County to prove that another turnaround had been provided and that the easement would no longer be necessary. Proposed condition number 16 reads as follows: "16. That prior to application for Final Plat, the lot lines for Lots A and C be adjusted such that the hammerhead tumround presently indicated as an easement on Lots A and C instead be made a part ofthe right-of-way for Glassier Lane." Commissioner Menconi asked about the wisdom of the hammerhead. Mr. Spare addressed condition Number 8. He stated that this requirement did not seem to make practical sense. The proposed condition number 8 reads as follows: 48 May 6, 2003 "8. That the need for a pedestrian easement parallel to Willits Lane on the east side ofthe property, as required by Condition #3 ofthe approved Sketch Plan, Resolution 2001-005, and as suggested by the Town of Basalt, be addressed prior to application for Final Plat approval." Chairman Gallagher asked that condition 8 be scrubbed. Mr. Spare addressed condition 12. He stated that one option might be when the individual homeowner comes in for a building permit, they then make the determination of the access point. Commissioner Stone asked why this was of concern. Mr. Simonton stated that it wasn't just the drainage but also the underground pipe system. Chairman Gallagher suggested a limit of no more than two culverts. Commissioner Menconi asked whether the other side of the subdivision was considered as an access point for lots a, band d. Mr. Spare stated all lots would access off of Glacier Lane. He spoke to the Board about condition 14. He highlighted the proposed commercial section across from the Willits project. He requested that they have the option to add privacy fences adjacent to the proposed commercial development. Commissioner Stone asked where this condition came from. Chairman Gallagher stated he didn't object to a privacy fence of six feet. Commissioner Stone stated he didn't think this condition needed to be included at all. He requested deletion of#14. Proposed condition number 14 reads as follows: "14. That application for Final Plat approval include a copy of the proposed Homeowners Association Covenant, and that language in that covenant be developed that requires the use of non potable water for the irrigation oflandscaped areas on the project." Mr. Spare was comfortable with the language of#15. Deletions included conditions 8, 14 and 16. Mr. Spare stated the County has an Intergovernmental Agreement with the Town of Basalt. He requested that road impact fees be directed back to Willits Lane improvements. Chairman Gallagher stated impact fees have nothing to do with IGA's. He stated that dollar for dollar these fees would probably not go to the neighborhood in question. Mr. Simonton stated that road impact fees of at least the first $1000.00 payable to the Town of Basalt will be earmarked for Willits Lane according to the IGA with the Town of Basalt. Commissioner Menconi moved the Board approve File No. SUP-00006, Vagneur Subdivision, incorporating staff findings, with the following conditions: 1. That a Road Intersection Analysis and a signed and stamped Drainage Report, as detailed by Eagle County Engineering in their memo of 3/1 0/03, be submitted at application for Final Plat approval. 2. That prior to application for Final Plat approval, issues regarding the ownership and maintenance of the proposed new access road be addressed to the satisfaction of Eagle County Engineering (03/10/03) and the Eagle County Road and Bridge Department. 3. That pursuant to the referral response of 03/06/03 from the State Engineer, and as detailed in the letter from the Mid Valley Metropolitan District dated 12/18/02, evidence be provided at application for Final Plat approval that the Mid Valley Metropolitan District has approved the Applicant's petition for inclusion into the district. 4. That concerns regarding water rights as detailed in the referral response from the Colorado Water Resources Division (05/10/01) be addressed prior to application for Final Plat approval. 5. That the Final Plat include a note that requires site specific soils investigations for any new structures proposed for construction on the property, as requested by the Colorado Geological Survey (05/08/01). 6. That application for Final Plat approval include a copy ofthe proposed Home Owners 49 May 6, 2003 Association Covenant, and that language in that covenant be developed that prohibits the parking of cars in the Ingress, Egress and Emergency Access Easement located between Lots A and C. 7. That prior to application for Final Plat approval, the Applicant address the long term maintenance of the storm water control system, as referenced in the referral response from Eagle County Environmental Health (03/11/03) and the Town of Basalt (03/12/03). 8. That pursuant to applicable Eagle County Land Use Regulations in effect at the time of Final Plat approval, cash in-lieu-of school land dedication be paid prior to the recording of the Final Plat. 9. That an addressing scheme for the five lots be developed and approved by the Eagle County Emergency 911 Coordinator prior to Final Plat approval. 10. That all material representations made by the Applicant in submitted materials and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 11. That prior to application for Final Plat, the best single option for access to Lots A, C, and E be determined, and that a plat note restricting future owners to that pre-determined access be added to the Final Plat. 12. That prior to application for Final Plat, a five (5) foot building setback be established along the western edge of the access easement that crosses Lot C. 13. That application for Final Plat approval include a copy of the proposed Home Owners Association Covenant, and that language in that covenant be developed that requires the use of non potable water for the irrigation of landscaped areas on the project. Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00166, Miller Ranch, Parcel 10 Prior to reviewing this application Chairman Gallagher stated the builder had advertised a product showing balconies in architects renderings. When it came time to sell the project the developer decided to leave the balconies off. When it came to the attention of the Board, they directed ASW (developers) to add the balconies back on to the actual project. The Board would also like to direct ASW to contact people who had backed out oftheir contracts because ofthis change, and attempt to determine if they might be interested in the proj ect again. Vince Hooper, ASW Realty Partners, spoke to the Board stated it was his understanding that the balconies were modified to Juliet balconies. It is also his understanding that most if not all of the individuals in question had been satisfied based on alternatives available. Commissioner Stone stated that it is a question of communication with the partners building the housing on Miller Ranch. Joe Forinash, Planner, presented file number AFP-00166, Miller Ranch, Parcel 10. He stated this was an amended final plat which would vacate the previously platted building envelopes and create two amended building envelopes of a size and shape to accommodate the buildings approved for the site. The chronology ofthe application is as shown on staff report and as follows: 2000 -- A PUD Sketch Plan for Berry Creek / Miller Ranch PUD approved. 2002 -- A Combined PUD Sketch !Preliminary Plan Berry Creek / Miller Ranch was approved 2002 -- Final plat for the Berry Creek / Miller Ranch PUD approved. 2002 - Site Specific Development Plan approved for Miller Ranch on Tract D of the Berry Creek / Miller Ranch PUD. 2003 - Final plat for Miller Ranch approved. 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 made the following findings: 50 05-06-2003 STANDARD: Adjacent Property. [Section 5-290.G.2.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The following adjacent property owners have been notified: Eagle County School District (RE50J), SPI Golf Inc. No letters have been received by the Community Development Department. [+] FINDING: Adjacent Property. [Section 5-290.G.2.] The Amended Final Plat DOES NOT adversely affect adjacent property owners. STANDARD: Final Plat Consistency [Section 5-290.G.2.b.] - Review ofthe Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.2.b.] The proposed amendment IS NOT inconsistent with the intent ofthe Final Plat as provided in a restrictive plat note. STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.2.c.] -Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. [+] FINDING: Conformance with Final Plat Requirements [Section 5-90.G.2.c.] The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. STANDARD: Improvements Agreement [Section 5-290.G.2.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [+] FINDING: Improvements Agreement [Section 5-290.G.2.d.] An Improvements Agreement IS NOT applicable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.2.e.] - If the amendment is an alteration of a restrictive plat note at least one of the folloWing criteria must be met: (1) That area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. H FINDING: Restrictive Plat Note Alteration [Section 5-290.G.2.e.] This amendment IS NOT an alteration of a restrictive plat note. Joe Forinash presented a power point presentation including some background on the request, highlighted the applicant's initial request and the revised request. He stated the importance of the building envelope is not nearly as important now. He presented a site plan. Chairman Gallagher asked for public comment. Jim Meehan, area resident, asked a question related to the four feet. He asked if the developers would go back to the original size of the balconies as represented. Commissioner Stone stated that part of the reason behind changing the balconies was due to the fact that the building envelopes did not include the balconies. He stated the intent was to go back to the original representation. Chairman Gallagher closed public comment. Commissioner Stone moved the Board approve file number AFP-00166, Miller Ranch, Parcel 10, final flat for the Miller Ranch, Parcel 10, and authorize the Chairman to sign the Certificate of Dedication and Ownership, subject to the condition that all building envelopes be deleted. Chairman Gallagher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Menconi had to leave the meeting prior to this presentation. Commissioner Stone moved the Board of County Commissioners approve file number AFP- 00166, Miller Ranch, Parcel 10, incorporating staff findings and authorize the Chairman to sign the plat, subject to all building envelopes being deleted before signing. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 51 05-06-2003 G-00015, W Lake Creek Drive Vacation Justin Hildreth, Engineering Department, presented file number G-00015, W Lake Creek Drive Vacation. He stated this matter was tabled from April 22, 2003 to allow additional research on an easement deed versus a fee simple deed. John Dunn, Attorney representing the applicant, read from a Court of Appeals ruling that contradicted the State Statutes. He stated that the conclusion is that his preference remains that this process is done through easements because it is simpler. He stated that they would do whatever the Board wants. His only concern was that someone might challenge it because it really is a subdivision. Chairman Gallagher inquired about the net exchange of acres. Tom Braun, representing the applicant, clarified that the land owner would be gaining back a portion of the right of way. He stated there is also a portion of Lake Court that would be gained back. They would then be granting another portion of the roadway. They would net out 1.7 acres. Commissioner Stone stated that they were trying to avoid having a non conforming piece of property, and the research has proven that this would not be the case and so it is not an issue. Walt Mathews, Deputy County Attorney, stated the Court of Appeals decision is valid and doesn't make any reference to the Statutes. It was his opinion that an easement would be sufficient, but if the Board also desired a deed that would work as well. Chairman Gallagher asked about the nature of the document that would transfer a vacated right of way to the adjacent property owners. Mr. Matthews stated that this would be accomplished by quit claim deed. Mr. Dunn stated he didn't think this would be necessary. Wendel Porterfield, representing Mr. Mitchell, an owner at the far end of the property, requested the County get fee title. Mr. Mitchell believes that it is in his best interest for it to be other than an easement - but rather to have ownership for the County. Mr. Dunn stated that it remains a mystery as to what might happen with an easement - either way the use would be for roads. Chairman Gallagher asked Walt Matthews several questions about subdivision designation. Mr. Matthews stated that in the opinion ofthe Attorney, when there is a road designation by fee, and a parcel is split by the road, that would trigger a subdivision. If a road is designated by easement, or right of way this would not trigger a fee - and hence would not trigger a subdivision. Mr. Braun presented the map for the review of the Commissioners. He explained the easement proposed. There was much discussion about easements versus fee simple deeds. Chairman Gallagher asked several hypothetical questions related to the different type of transactions. Chairman Gallagher asked that this be handled with a fee simple type of transaction. Commissioner Stone moved the petition for vacation of right of way be approved with the following conditions and after the following documents have been recorded: 1. The effective date ofthe vacation of these road rights-of-way shall be the date on which the last of the five following documents has been recorded with the Eagle County Clerk and Recorder: 1) Resolution of the Eagle County Board of County Commissioners, 2) Quit Claim Deeds for the portions of the rights-of-way being vacated, 3) deeds of dedication for new rights-of-way, including the north east corner of the Yankley Estate property and the north west corner of Tract 7-1 4) certification by the Eagle County Engineer that the newly constructed portion of West Lake Creek Drive has been satisfactorily constructed, and 5) acceptance of the newly constructed portion of West Lake Creek Drive for warranty by Eagle County. 52 05-06-2003 2. The petitioners will enter into a Construction Improvements Agreement with Eagle County for construction of the new portion of West Lake Creek Drive. The agreement will be based on plans approved by the Engineering Department, and the work will be collateralized for 100% of the estimated cost of the work. 3. Eagle County will continue to maintain West Lake Creek Drive from West Lake Creek Road to the end of the dedicated road way for West Lake Creek Drive, which is the same point that maintenance currently ends. The petitioners will include a turnaround in the construction drawings at the point where Eagle County's maintenance ends. 4. All documents with references to West Lake Creek Road must be revised to refer to West Lake Creek Drive where appropriate. 5. The comments contained in Greg J. Eldridge's letter dated November 12, 2002 must be satisfactorily addressed. The descriptions of the various easements and rights-of-way must be sufficient for use with a deed. 6. That a restoration plan including use of native grasses, erosion control, and weed control be presented with the road construction plans so that at the proper time it will be initiated. 7. That the resolution for approval of this petition state that there will be no loss of public access as a result of this vacation. Mr. Matthews made a correction to number 3, which should read "dedicated road way". Chairman Gallagher seconded the motion. Of the two voting Commissioners, the vote was unanImous. There being no further business to be brought before the Board the meeting was adjourned until May 6, 2003. 53 05-06-2003